New Delhi: The Supreme Court on Friday iterated that it will take decision on whether or not to transfer the Shiv Sena conflict case in Maharashtra to a larger bench after considering its merits.
The Shiv Sena (Uddhav Thackeray) had filed a plea seeking transferment of the case to a 7-Judges bench from a 5-Judges bench.
In its plea, the Thackeray faction submitted that the 2016 judgement restricts the power of the Speaker to examine disqualification petition if a resolution of his own removal was pending. It argued that the judgement was prone to misuse for the benefit of defecting MLAs.
The court also noted that it will deliberate if the principle formulated in Nabam Rebia has an impact on the present case.
A five-judge Constitution bench headed by Chief Justice DY Chandrachud has listed the matter on February 21 for further hearing.
“Consequently, the batch of cases is set down for hearing on merits on Tuesday, February 21,” said the Supreme Court, reported LiveLaw.
