Give Schedule By Tuesday Or Will Decide Timeframe: SC To Maharashtra Assembly Speaker On Disqualification Proceedings

The Supreme Court, criticising the Maharashtra assembly speaker Rahul Narwekar for the prolonged delay in deciding the 2022 disqualification petitions against MLAs, declared on Friday (13 October) that such delays are unacceptable.

The court sought a schedule for the proceedings by Tuesday, emphasising that the decision should be made well before the upcoming elections. Maharashtra assembly elections will be held in or before October 2024.

The disqualification petitions, involving 39 MLAs, stemming from the 2022 Shiv Sena rebellion that led to the downfall of the Uddhav Thackeray government, are awaiting a decision from speaker Rahul Narwekar.

Eknath Shinde, who spearheaded the rebellion and is now the Chief Minister, is also subject to a disqualification notice. Narwekar, affiliated with the BJP, has faced accusations from the Opposition of intentionally delaying the disqualification verdicts.

Chief Justice of India DY Chandrachud asserted that the delay poses a risk of rendering the disqualification proceedings "infructuous" and insisted that a decision should be reached promptly, NDTV reported.

The court, comprising Justices JB Pardiwala and Manoj Misra, instructed Senior Advocate Mukul Rohatgi, representing the Shinde faction, to obtain a time schedule from the Speaker by Tuesday. If not, the court would establish a timeframe for the completion of the proceedings.

While expressing respect for all branches of constitutional authorities and expressing trust in speaker to act responsibly, the court underscored its concern for the court's dignity and noted that no significant steps had been taken in the past six months.

Narwekar had earlier indicated that he requires time to decide the petitions and stressed the need for a thorough examination of various contentious issues related to the disqualification process. Despite pressure for a swift decision, he affirmed his commitment to adhering to legal provisions and constitutional principles.

Uddhav Thackeray, the leader of the Shiv Sena, NCP, and Congress government in Maharashtra, had approached the Supreme Court after resigning due to the rebellion. The court had previously ruled out reinstating Thackeray as CM, citing his resignation without facing a majority test.

The court had, on 18 September, requested a timeline from Speaker Narwekar for deciding the disqualification petitions against Shinde and the BJP-aligned MLAs.

The Speaker maintained that attempts by the Opposition to expedite the decision did not influence him, and he emphasised the importance of following due process and principles of natural justice.

"Need to see which is the original political party? Who was the person authorised to issue a whip? If we deliver a decision without giving an opportunity to all those concerned, it would be arbitrary," he said.

Also read: Maharashtra Speaker Prepones Hearing Of Shiv Sena MLAs' Disqualification Pleas; Here's What Happened Till Now