Last Update: February 16, 2023, 17:26 IST
Jethmalani told the bench that before the court the state had taken an undertaking to provide security to the MLAs and their families. (File Photo/PTI)
Uddhav Thackeray’s government fell in June last year after Eknath Shinde and 39 other MLAs rebelled against the Shiv Sena leadership
The Supreme Court on Thursday reserved its order on the aspect of whether or not to refer to the 2016 Nabam Rebia judgment which restricted the Speaker’s power to inquire into disqualification petitions if a motion for his removal is made. Is suspended.
A Constitution Bench headed by the Chief Justice of India DY Chandrachud reserved his order on a petition filed by the Uddhav Thackeray camp, seeking reference of the said judgment to a larger bench.
During the hearing, senior advocate Mahesh Jethmalani, representing the Eknath Shinde faction, said, “The MLA was in Guwahati and the court provided security. We were threatened that if we come to Mumbai, our bodies will be sent home.” He told the bench that before the court the state had undertaken to provide security to the MLAs and their families.
“On June 29, the chief minister (Uddhav Thackeray) voluntarily resigned. He knew that he would not pass the floor test. So, the floor test was also just born. So there is nothing in this case,” he argued.
CJI Chandrachud said, “The Speaker should engage after issue of notice of intention to move motion for removal of the Bar Speaker on consideration of petition for disqualification. Speaker as an adjudicator under the 10th Schedule for two reasons acts, there is a finality that attaches to the adjudication that the MLA loses his seat—so all these are serious consequences.”
Meanwhile, senior advocate Kapil Sibal, appearing for the Uddhav faction, argued before the bench that the judgment in the Nebam Rebia case should not be used to topple a legally elected government. Sibal said, “You are incapacitating the speaker and toppling the government.”
CJI Chandrachud, while hearing the arguments of all the parties, said, “Even if the Chief Minister completely loses the confidence of his own party, and if he has a willing ally in the Speaker, … The party is lost.
While Sibal, Abhishek Manu Singhvi and Devdutt Kamat appeared for the Uddhav Thackeray camp, the Shinde faction was represented by senior advocates Niraj Kishan Kaul and Jethmalani and the Maharashtra Governor was represented by Solicitor General Tushar Mehta.
The Governor of Maharashtra on Wednesday told the apex court that the 10th Schedule is not a weapon to suppress dissent, it is meant to control unprincipled defections.
The 10th Schedule is not a weapon to stifle legitimate dissent, but a weapon to control unprincipled defection. Unbridled power takes away the confidence of legislators and they cannot effectively exercise their freedom of conscience,” Mehta told the court.
The constitution bench is considering a bunch of petitions related to the situation unfolding in Maharashtra after Shinde’s rebellion against the MVA government.
After the 2019 Maharashtra Assembly elections, the Uddhav-led Shiv Sena broke ties with the BJP over the issue of sharing the chief minister’s post. Thackeray later forged an alliance with the Sharad Pawar-led NCP and the Congress to form the Maha Vikas Aghadi (MVA) government in the state.
The Uddhav government had fallen in June last year after Shinde and 39 other MLAs rebelled against the Shiv Sena leadership. On 30 June, Shinde became the Chief Minister of Maharashtra and BJP leader Devendra Fadnavis became his deputy.
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