New Delhi, Aug 23, 2022, By Special Correspondent

New Delhi, Aug 23: The Supreme Court on Tuesday referred to a Constitution Bench the petitions filed by the rival groups of Shiv Sena in relation to political developments in Maharashtra.

A 3-judge bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli referred the petitions to a 5-judge bench observing that important questions of constitutional issue arise.

On a prayer made by Senior Advocate Kapil Sibal, appearing on behalf of the Uddhav camp, to restrain the Election Commission of India from deciding Eknath Shinde's claim as the official Shiv Sena party, the CJI agreed to post the matter before the Constitution Bench day after tomorrow to conisder the interim relief.

The Constitution Bench will take a decision on this request made by Uddhav camp day after tomorrow. Till then, the Election Commission has been asked to not take a final call.

The 3-judge bench expressed doubts about the law laid down in the 2016 decision in the Nabam Rebia case that a Speaker cannot initiate disqualification proceedings when his removal is sought.

The proposition of law laid down in Nabam Rebia stands on contradictory reasons, which require gap filling to uphold constitutional morality. As such, this question is referred to a Constitution Bench to conduct the requisite gap filling exercise, it said.