Last Updated: February 16, 2023, 16:56 IST
Jethmalani told the bench that before the court, the state undertook to provide protection to MLAs and their families. (File photo/PTI)
Uddhav Thackeray’s government collapsed in June last year after a revolt against the Sena leadership by Eknath Shinde and 39 other legislators
The Supreme Court on Thursday reserved its order on the aspect of whether or not to refer the 2016 Nabam Rebia case ruling, which restricted the power of the Speaker to examine a disqualification plea if a resolution is pending for his removal.
A constitution bench, headed by Chief Justice of India DY Chandrachud, reserved its order on the plea filed by the Uddhav Thackray camp seeking reference of the said judgment to a larger bench.
During the hearing, senior advocate Mahesh Jethmalani, who is representing the Eknath Shinde faction, said, “The MLAs were in Guwahati and the court granted protection. We were threatened that if we come to Mumbai, our dead bodies will be sent home.”
Jethmalani told the bench that before the court, the state undertook to provide protection to MLAs and their families.
“On June 29, the Chief Minister (Uddhav Thackeray) voluntarily resigned. He was conscious that he won’t pass the floor test. So, the floor test was also still born. So there is nothing in this case,” he argued.
“Bar on the Speaker entertaining the petition for disqualification must attach once the notice is issued of an intention to move a resolution to remove the speaker. For two reasons that the Speaker acts as an adjudicator under the 10th schedule, there is a finality which attaches to adjudication is that the MLA Loses their seats- so these are all v serious consequences,” CJI Chandrachud observed.
Meanwhile, senior advocate Kapil Sibal, appearing for the Uddhav faction, argued before the bench that the decision in Nebam Rebia case shall not to be used to topple a legally elected government. “You are disabling Speaker and toppling the government,” Sibal argued.
“Even if the Chief Minister completely loses confidence of his own party, and if he has a willing ally in Speaker, then…you have lost your own party,” said CJI Chandrachud while hearing the arguments of all the parties.
While Sibal, Abhishek Manu Singhvi and Devdutt Kamat appeared for the Uddhav Thackeray camp, the Shinde faction was represented by senior advocates Neeraj Kishan Kaul and Jethmalani and the Maharashtra Governor was represented by Solicitor General Tushar Mehta.
On Wednesday, the Maharashtra Governor told the apex court that 10th Schedule is not a weapon to stifle dissent, it is to control unprincipled defection.
“10th schedule is to not a weapon to stifle bona fide legitimate dissent but it is to control unprincipled defection. Unbridled power takes away the confidence of MLAs and they cannot effectively exercise their freedom of conscience,” said Mehta in the court.
The Constitution bench is dealing with a batch of petitions concerning the situation which unfolded in Maharashtra after Shinde’s rebellion against the MVA government.
After the 2019 Maharashtra assembly polls, the Uddhav-led Shiv Sena snapped ties with the BJP over the issue of sharing the chief ministerial post. Thackeray later tied up with the Sharad Pawar-led NCP and the Congress to form the Maha Vikas Aghadi (MVA) government in the state.
Uddhav’s government collapsed in June last year after a revolt against the Sena leadership by Shinde and 39 other legislators. On June 30, Shinde became the Maharashtra Chief Minister with BJP leader Devendra Fadnavis as his deputy.
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