Tuesday posted for February 14 the hearing of a batch of petitions filed by rival factions Uddhav Thackeray and Chief Minister Eknath Shinde in relation to the Maharashtra political crisis.
A five-judge Constitution bench of Chief Justice DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha said, “We will hear it on 14 February.”
Senior advocate Kapil Sibal appearing for the Thackeray faction told the bench that in the last hearing he had indicated that he wants to argue on the need for a seven-judge bench to hear the case.
The top court will first hear arguments on whether the matter is heard by a seven-judge bench or by a five-judge bench.
Sibal on the last date of the hearing told the apex court that he would argue on the reference of the matter to the seven-judge bench. Sibal sought a reference of the five-judge bench judgment in the Nabam Rebia case to a seven-judge bench.
On 13 July, 2016, a five-judge Constitution bench of the SC in the Nabam Rebia case held that Speaker could not initiate disqualification proceedings when a resolution seeking his removal is pending.
