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Subhash Desai v. Principal Secretary, Governor of Maharashtra

Case details and hearing information from the Constitution Bench Pendency Portal.

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Subhash Desai v. Principal Secretary, Governor of Maharashtra

This case deals with the challenge to the disqualification proceedings initiated against certain Shiv Sena Members of Parliament.

Petitioners Arguments
A five-judge bench of the Court has already decided the specific issue in the case of Nabam Rebia v. Deputy Speaker . In that case, it was held that the Speaker cannot conduct disqualification proceedings while a motion for their own removal was pending. Therefore, no substantial question of law is pending before the Court and hence reconsideration by a larger bench is not needed.
Responders Arguments
The Nabam Rebia judgment requires reconsideration because it allows defecting MLAs to avoid disqualification proceedings by initiating a motion for removal of the Speaker.
Last Listed On
2023-05-11
Start Date
2022-08-23
End Date
2023-05-11
Card Stage Date
2023-05-11
Review Petition No
W.P.(C) No. 493/2022
Case Status
Archive
Bench Status
Constituted
Subject Matter
Constitution
Disposal Time
8 months, 18 days

5 Judge Bench

Judgment delivered

Consider As Stage Of Pendency
false

Date of institution of case

Date of reference to 5 Judge Bench

Judgement pronounced

In June, 2022, members of the ruling party in Maharashtra, led by Mr. Eknath Shinde, split from the party. Following this, disqualification proceedings were initiated against them on the grounds of defection . A floor test was also requested against the State government on the ground that the Chief Minister, Mr. Uddhav Thackeray, no longer enjoyed majority confidence. The dispute between the two factions came before the Supreme Court in the present case. A five-judge bench of the Court had to decide, inter-alia, whether the splitting faction could be subjected to disqualification proceedings under the 10th Schedule of the Constitution and whether the Governor’s decision of holding the floor test was legal. The bench held on 11-05-2023 that the Governor had no grounds to call for a floor test and that the Legislative Speaker would decide whether the actions of the splitting faction amounted to defection. The bench, however, referred the question of whether the Speaker can oversee disqualification proceedings while a motion for his removal is pending to a seven-judge bench.

Can the Speaker decide disqualification proceedings against MLAs under the 10th Schedule of the Constitution when a motion for his removal is pending before the House?

Can the Court adjudicate upon a disqualification petition by virtue of Articles 226 and 32 ?

What is the status of proceedings in the House during the pendency of disqualification petitions against the members?

What is the impact of the removal of Paragraph 3 of the Tenth Schedule?

What is the scope of the power of the Speaker to determine the Whip and the leader of the house legislature party?

What is the extent of discretion and power of the Governor to invite a person to form the Government, and whether the same is amenable to judicial review?

What is the scope of the powers of the Election Commission of India with respect to determination of a split within a party?

Article 179 of the Constitution

Tenth Schedule of the Constitution

Article 32 of the Constitution

Article 226 of the Constitution

The Court held that the case raised substantial questions of law as to the interpretation of the Constitution and thus merited reference to a five-judge bench under Article 145(3) .

Nabam Rebia v. Deputy Speaker, Arunachal Pradesh Legislative Assembly

Shri Bharat Gogawale v. Deputy Speaker Maharashtra State Legislative Assembly

Date Of Institution Start
2022-06-29
Case No
W.P.(C) No. 468/2022

Navigating the ‘Neutrality’ Quagmire: Unpacking Subhash Desai v. Principal Secretary and the Nabam Rebia Conundrum

Navigating the ‘Neutrality’ Quagmire: Unpacking Subhash Desai v. Principal Secretary and the Nabam Rebia Conundrum
Source Of Info
Constitutional Law Society, National Law University Odisha
Date Of Fr
2023-11-24

The Speaker and the Anti-Defection Law – A critique of Nabam Rebia’s interpretation of Article 179(c)

The Speaker and the Anti-Defection Law – A critique of Nabam Rebia’s interpretation of Article 179(c)
Source Of Info
Constitutional Law and Philosophy
Date Of Fr
2023-05-08