SC to hear pleas on Sena versus Sena issues from Feb 14

A constitution bench of the Supreme Court on February 14 will commence hearing of a clutch of pleas pertaining to the Maharashtra political crisis triggered by the Shiv Sena's division.

The Uddhav Thackeray faction of Shiv Sena has sought reference of cases pertaining to Maharashtra political crisis to a seven-judge constitution bench, to reconsider a 2016 ruling on the Speaker's powers to deal with disqualification pleas.

In its 2016 Nabam Rebia judgement, a five-judge constitution bench of the Supreme Court had ruled that a Speaker cannot initiate disqualification proceedings when a resolution seeking his removal is pending adjudication in the House.


On the last date of hearing (December 13), appearing on behalf of the Thackeray faction, senior advocate Kapil Sibal had apprised a five-judge constitution bench that the matter needs to be referred to a seven-judge bench to consider if the Rebia judgement was correct.

Appearing on behalf of the Maharashtra governor, solicitor general Tushar Mehta had said he would also submit a note on broader issues including pre-poll alliance. A bench led by Chief Justice of India DY Chandrachud, and justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha had said, "It has been agreed that Kapil Sibal shall circulate a brief note of his submission on the proposed reference to a seven-judge bench that he would seek."