SUBHASH DESAI Vs. PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA

JUDGEMENT

(1.) During the course of the hearing, a preliminary submission has been made before the Court to the effect that the decision in Nabam Rebia and Bamang Felix Vs. Deputy Speaker, Arunachal Pradesh Legislative Assembly, (2016) 8 SCC 1 requires reconsideration by a Bench of seven Judges.

(2.) Mr. Kapil Sibal, Dr Abhishek Manu Singhvi and Mr Devadatt Kamat, learned Senior Counsel seek a reference to a larger Bench. The submission has been opposed by Mr Harish Salve, Mr Neeraj Kishan Kaul, Mr Mahesh Jethmalani, Mr Maninder Singh and Mr Siddharth Bhatnagar, learned Senior Counsel appearing for the other side. Mr Tushar Mehta, learned Solicitor General, appeared on behalf of the Governor of the State of Maharashtra.

(3.) Arguments have been concluded on the issue as to whether a reference should be made on the correctness of the decision in Nabam Rebia (supra) to a Bench of seven Judges.