Senior advocate Ujjwal Nikam reaction on Maha political crisis: Uddhav Thackeray faction delayed approach to constitution bench

There was a big political earthquake after the Legislative Council election results in the state. The then Shiv Sena minister Eknath Shinde disappeared along with his supporting MLAs. After that, it came to light that these MLAs called for rebellion. Uddhav Thackeray became the chief as the supporting MLAs including Shinde withdrew their support.

The Supreme Court is hearing about the power struggle in the state. A constitution bench of 5 judges has been appointed in this case. January 10, 2023 has been fixed for the hearing on the power struggle in the Supreme Court.

Legal expert Ujjwal Nikam said that the Thackeray group started moving late. In this regard, he gave the reason that the unanimous decision of 5 judges of the Constitution Bench in the Nebam Rabia case has created a problem.

The verdict said that if MLAs have moved a motion of no confidence against the President or the Vice President, then those MLAs cannot be disqualified as per Schedule 10 of the Constitution. Nikam said that former Chief Justice Ramanna was also a judge.

Therefore, if the decision that the Thackeray group has in mind continues to exist today, the legal problem may increase. The decision given by 5 judges in Nebam Rabia case needs to be reconsidered. Ramanna also challenged the 10th Schedule of the Constitution in the Rabia case.

So what will happen in the Supreme Court will be known later. This case does not seem to drag on. Nikam informed that the MLAs of the Shinde group had submitted a no-confidence motion against the Vice President Narahari Jirwal on June 22, 2022.

Then on June 25, Jirwal issued a disqualification notice to these 16 MLAs. Therefore, the ruling of Nebam Rabia applies precisely to this situation. Therefore, the Thackeray group has demanded a constitution bench of 7 judges to reconsider the decision in the Rabia case.

But this demand was made late. Nikam said that it means that the Thackeray group's homework has decreased. Nikam explained that the results of Nebam Rabia and the 10th list of incidents are two different things.

In the Rabia case, the Constitution Bench had said that if a no-confidence motion is brought against the President or the Vice-President, it should be dealt with first. According to the 10th list, if a member is proved to have left the party on his own, then he is disqualified. So from the Shinde group.

It all depends on what the Supreme Court decides on January 10. The Supreme Court appoints a 7-judge constitution bench to face the no-confidence motion against Vice President Narahari Jirwal, then the court can also decide that we will see further. So something in politics and love.