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The correctness of the Nabam Rebia judgement was question before the Supreme Court by Uddhav Thackeray faction while making their case in the batch of pleas filed in the Maharashtra Political crisis. Senior lawyer Kapil Sibal had highlighted before the Supreme Court, the need to refer the ruling to a larger bench.
A five-judge bench of the Supreme Court today ordered that the decision of Nabam Rebia & Bamang Felix vs. Deputy Speaker, Arunachal Pradesh Legislative Assembly is to be placed before a larger Bench of seven judges for reconsideration.
Notably, while referring the Nabam Rebia judgment to a larger bench, the Supreme Court today held that the Governor of Maharashtra was correct in calling upon Eknath Shinde, the current Chief Minister of Maharashtra, who represented BJP as the largest party at that moment, to form the government in the state.
In the said judgment it was held by Justice Khehar that it was impermissible for a Speaker to adjudicate upon disqualification petitions under the Tenth Schedule after a notice of intention to move a resolution for their removal from the office of the Speaker was issued.
Justice Khehar had observed that if the Speaker decided a disqualification petition before surviving the vote, it would prejudice the MLAs facing disqualification but not the Speaker.
While dealing with the case on the Maharashtra political crises that occurred in the wake of Eknath Shinde's rebellion against the Maha Vikas Aghadi (MVA) government then led by Chief Minister Uddhav Thackeray, the CJI Chandrachud led bench had earlier deferred taking a view on the question of whether the decision in Nabam Rebia ought to be referred to a larger Bench until the hearing on the merits of the case was concluded.
After hearing both the factions, the Supreme Court today observed that the ruling in Nabam Rebia did not apply to the factual scenario of the present case.
But, the Court was of the view that the proposition of law laid down in Nabam Rebia (supra) was based on “contradictory reasoning".
Accordingly, to give quietus to the issue, the following question (and any allied issues which may arise) is referred to a larger Bench:
"Whether the issuance of a notice of intention to move a resolution for the removal of the Speaker restrains them from adjudicating disqualification petitions under the Tenth Schedule of the Constitution."
"The matter may be placed before the Chief Justice for appropriate orders", the bench also comprising Justices MR Shah, Krishna Murari, PS Narasimha and Hima Kohli has ordered.
Case Title: Subhash Desai vs. Principal Secretary, Governor of Maharashtra & Ors.
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