In the case pertaining to the rift in Shiv Sena party, the Advocate Kapil Sibal, who represents Uddhav Thackeray faction submitted before a 5-judge bench of the Supreme Court that the matter should be referred to a larger bench of 7-judges.
Kapil Sibal requested that a 7 member bench was needed to consider the correctness of the 2016 judgment in Nabam Rebia versus Deputy Speaker case.
In Nabam Rebia, a 5-judge bench ruled that Speaker was not allowed to initiate disqualification proceedings when a resolution seeking his removal was pending.
A 5-judge Bench comprising Chief Justice of India D.Y. Chandrachud Justices M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha that the correctness of this proposition laid down in the Nabam Rebia is one of the issues referred to the Constitution Bench.
Kapil Sibal said that one of the issues i this matter relate to the Nabam Rebia decision when it comes to the removal of the Speaker.
Sibal submitted that That issue may have to be dealt with 7 distinguished judges if we are able to persuade your lordships that the decision is wrong.
The CJI Chandrachud said that the 5 judges bench will discuss and decide whether to refer the matter to the 7-judge bench for addressing the argument.
The CJI further said that the Thackeray Counsel, submits that when the matter is taken up for hearing, he would be arguing for a reference of the correctness of the view of the Constitution Bench in Nabam Rebia (2016) 8 SCC 1 to a 7-judge bench.
Kapil Sibal has agreed to circulate a brief note of his submission on the proposed reference to a 7-judge bench that he would seek.
The note shall be circulated at least two weeks in advance to the other respondents.
The respondents would be at liberty to circulate a brief note of submissions in response. Both sets of notes shall be compiled by the nodal counsel and be circulated to the bench”.
The bench has posted the matter to January 10, 2023.