NEW DELHI: The 5-judge Constitution Bench headed by Chief Justice D Y Chandrachud will continue on Wednesday the symbol dispute of the Shiv Sena as it heard the Uddhav Thackeray group's three counsels led by senior advocate Kapil Sibal on Thursday. It will be hearing the side of Chief Minister Eknath Shinde's group on Wednesday by senior advocate Harish Salve.
Sibal said there was no similarity between Maharastra case and that of Nabam Rabia. He said the majority in the Maharashtra Assembly is unconstitutional as the decision should have been taken on the disqualification of 16 MLAs.
He also said the role of the Arunachal Pradesh should also be examined so far as Nabam's case is concerned.
The Uddhav Thackeray camp of Shiv Sena on Tuesday told the Supreme Court that a mere notice for the resolution to remove a Speaker cannot denude him of his powers to act under the tenth schedule of the constitution – providing to curb defection - while he continues to discharge all functions attached to his office.
Addressing a five-judge constitution bench comprising Chief Justice D.Y.Chandrachud, Justice M.R.Shah, Justice Krishna Murari, Justice Hima Kohli and Justice Pamidighantam Sri Narasimha, Sibal said if Speaker is not prevented from acting on a petition seeking disqualification of lawmakers uncomfortable to the ruling party, then he would act against them and secure his position as well.
As Justice Shah pointed to long delays in deciding such cases, Sibal said that they have always sought an expeditious hearing and decision in such cases but when it comes to Rajasthan, hearing takes places for days together, while it takes years in the case of Goa and Madhya Pradesh.
Besides Sibal, senior advocate Abhishek Manu Singhvi appeared for the Uddhav Thackeray camp.
