Maharashtra: Thackeray group’s demand for 7-judge bench rejected by Supreme Court
New Delhi, 17th February 2023: The Thackeray group has suffered a setback as the Supreme Court rejected their demand to refer the disqualification of 16 MLAs to a seven-judge constitution bench. The five-judge constitution bench dismissed the demand, and the next hearing is scheduled for February 21.
The power struggle in Maharashtra has been the subject of discussion in the Supreme Court for the past four days, focusing on issues such as the powers of the Legislative Assembly Speaker, the disqualification of 16 MLAs, the Prohibition of Defection Act, and the scope of the 10th Schedule of the Constitution.
During the hearing, both the Thackeray group and the opposition presented strong arguments, with reference made to the Nabam Rebia case verdict in Arunachal Pradesh. The main point of discussion was whether the Supreme Court verdict in the Nabam Rebia case would apply to the power struggle in Maharashtra, and whether the matter should be dealt with by a five-judge bench or a seven-judge bench.
The court reserved its decision after hearing both sides in detail, and the verdict is awaited. A no-confidence motion was brought against Deputy Speaker Narahari during the change of power in Maharashtra, but the resolution was not tabled in the House and no decision was taken on it. As a result, the question of disqualification did not arise as the majority test was not conducted.
The Thackeray group had demanded that the case be classified before a seven-judge constitution bench to reconsider the Nabam Rebia judgment. However, the five-judge bench dismissed the demand, and the matter will be debated again on February 21 and 22 before the five-judge constitution bench.
The entire country, including Maharashtra, is paying attention to the judgement, and five lawyers, including Kapil Sibal and Abhishek Manu Singhvi, were present to represent the Thackeray group. A battery of 10 lawyers, including Harish Salve, Neeraj Kaul, Mahesh Jethmalani, and Maninder Singh, was deployed from the Eknath Shinde group.
A game of chess was going on between the government and the opposition, and both knew each other’s moves. Splitting off a faction can be dangerous for democracy, and the Supreme Court’s decision will be crucial in resolving the power struggle in Maharashtra.
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