Constitution Bench to hear case over Maharashtra power tussle

New Delhi, August 23

The cases arising out of power tussle between Uddhav Thackeray and Eknath Shinde factions of Shiv Sena in Maharashtra will be decided by a five-judge Constitution Bench, the Supreme Court said on Tuesday.

The concerns

• Whether the notice for removal of speaker restricts him from continuing with disqualification proceedings
• Whether a plea under Article 32 or 226 lies against disqualification proceedings

A Bench led by CJI NV Ramana, which had on July 20 hinted at sending the petitions relating to the recent political drama in Maharashtra to a Constitution Bench, referred the constitutional issues including split, the merger of a political party, defection, and disqualification to a five-judge Bench.

Directing the listing of petitions before the Constitution Bench on August 25, it asked the Election Commission not to pass any orders on Shinde faction’s plea to be declared as the real Shiv Sena and granted the party’s poll symbol as it will be taken up by the Constitution Bench. The CJI’s Bench noted that petitions raised certain important constitutional issues relating to the 10th Schedule of the Constitution pertaining to disqualification of MLAs, power of the Speaker and Governor as also the scope of judicial review.

The Constitution Bench ruling in the Nabam Rebia case on the 10th Schedule, i.e. anti-defection law, stood on a contradictory reasoning which required gap-filling to uphold principles of constitutional morality, it said.