New Delhi: A five-judge Constitution bench of the Supreme Court on Friday refused to refer to a larger seven-judge bench on the question of reviewing the Nabam Rebia judgment related to the 2022 Maharashtra political crisis. The Uddhav Thackeray faction had sought a larger bench of the Supreme Court seeking a review of the 2016 Nabam Rebia vs Deputy Speaker verdict. After which the apex court said in its order that the demand for a review of the Nabam Rebia judgment will be heard with the merit of the main case and will not be sent to a larger bench for review.

A bench of Chief Justice (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha passed the order on a batch of cases filed by rival factions of the Shiv Sena led by Uddhav Thackeray and Eknath Shinde. Let me tell you, due to the political reversal of 2022, there was a change of power in Maharashtra. The apex court said the issue of reference cannot be determined separately without the facts of the case. The issue of reference will be decided only on the basis of the merit of the case. The Supreme Court directed that the matter be listed for hearing. The court will hear the matter from February 21 at 10:30 am on the merit of the case. The Constitution Bench reserved its verdict on the matter on Wednesday (February 16).

In fact, in 2016, a five-judge Constitution bench of the Nabam Rebia case ruled that if the resolution to remove the Speaker is pending, then the Speaker cannot decide on the disqualification of the MLAs. The matter has now been listed for further hearing on February 21. Since the verdict, it has now become clear that a five-judge bench of the apex court will hear the matter.  

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