Disqualification pleas: SC asks Maha Speaker to set timeline for decision

New Delhi, Sep 18: The Supreme Court on Monday directed the Maharashtra assembly speaker to spell out the timeline within a week for adjudication of the disqualification petitions filed against Chief Minister Eknath Shinde and Shiv Sena MLAs loyal to him who had tied up with the BJP to form a new government in June 2022, saying apparently nothing has been done so far despite its direction for deciding the pleas within reasonable time.
“This cannot go on indefinitely. Tell us about the time schedule,” the bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra told Solicitor General Tushar Mehta, who was representing Maharashtra assembly Speaker Rahul Narwekar.
The top court referred to its May 11 verdict on the Maharashtra political crisis and the direction it had issued to the speaker to decide the disqualification petitions within a reasonable time.
“The order of this court requires the speaker to decide the disqualification petitions within a reasonable period. While this court is cognizant of the need to ensure the sense of comity….we would equally expect deference and dignity to the directions issued by us in the exercise of court’s constitutional power of judicial review,” the bench said. “We now direct that the proceedings shall be listed before the speaker, who is constituted as a tribunal under the 10th schedule of the Constitution, no later than within a period of one week wherein the procedural directions shall be issued for completing the record and setting out the time schedule for the hearing of the disqualification proceedings,” it ordered.
The court asked the solicitor general to apprise the bench of the time schedule to be fixed by the speaker for deciding the pleas for disqualification of 56 MLAs including lawmakers belonging to the Shinde faction.
At the outset, senior advocate Kapil Sibal, appearing for the Uddahav Thackeray faction, said the separate plea challenging the Election Commission’s decision to grant recognition to the Shinde-led bloc as real Shiv Sena may be heard later.
He, however, sought urgent hearing of the petition seeking a direction to the speaker to decide the disqualification pleas by Thackeray camp and alleged an illegal government was in power in the state.
The solicitor general opposed the submissions, asserting they ridiculed the office of the assembly speaker which was a constitutional office like the court.
“We don’t like the ridiculing manner in which this is presented. I have to go by the data, the rules. Why they are not circulating documents that is between them. I am an adjudicating authority,” the law officer said, seeking to explain the delay.
“But, he (speaker) has to decide. He can’t do this…What did the speaker do after the May 11 judgement by the court? It appears that nothing has happened,” the bench said, adding the office of the speaker is also a tribunal under the Constitution and hence amenable to the court’s jurisdiction.
Sibal said the Thackeray faction made three representations on May 15, 23 and June 2 for early adjudication of the disqualification petitions but there was no response from the office of the speaker. (PTI)