‘Substantial questions of law remain to be settled’: Rebia ruling sent to 7-J bench

NEW DELHI: While leaving for the Maharashtra speaker to adjudicate on the disqualification of MLAs of rival Sena factions, the Supreme Court on Thursday referred to a seven-judge bench a reconsideration of the 2016 ruling in Nabam Rebia case by a five-judge bench which debarred a speaker from deciding disqualification petitions against MLAs if motion for his own removal has been pending.
In a disappointment to the Uddhav faction, the SC rejected its plea that the SC itself decide the petitions filed by rival Sena factions seeking disqualification of each other’s MLAs instead of leaving it for the speaker to adjudicate.
A five-judge bench led by CJI D Y Chandrachud said, “This court is of the opinion that the speaker of the Maharashtra legislative assembly is the appropriate constitutional authority to decide on the question of disqualification under the Tenth Schedule”.
“This court should normally refrain from deciding disqualification petitions at the first instance. The question of disqualification ought to be adjudicated by the constitutional authority concerned, namely the speaker of the legislative assembly,” it said.
On the reference of the Nabam Rebia judgment to a larger bench, the SC said it was warranted because substantial questions of law remain to be settled. On July 13, 2016, a five-judge bench in a case relating to Arunachal Pradesh had ruled that “it was impermissible for a speaker to adjudicate upon disqualification petitions under the Tenth Schedule after a notice of intention to move a resolution for his removal from the office of the speaker was issued”.
The CJI-led bench said Rebia ruling was in conflict with another constitution bench judgment in the famous Kihoto Hollohan case, where the SC had said that there was no reason to doubt the independence and impartiality of the speaker while adjudicating proceedings under the anti-defection law.
The SC laid down a procedure for adjudication of petitions under Tenth Schedule for the speaker: