SC raps Maharashtra Speaker for delaying decision on disqualification petitions in Shiv Sena matter
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.
A bench comprising Chief Justice D Y Chandrachud and justices B Pardiwala and Manoj Misra referred to the May 11 verdict of the apex court on the Maharashtra political crisis and the direction issued by it to the speaker to decide the disqualification petitions within a reasonable time.
The Speaker has to honour the dignity of the Supreme Court and abide by its verdict, the bench said. It asked Solicitor General Tushar Mehta, appearing for the Speaker, to inform it about the time frame being set by the House chair for disposal of the disqualification petitions. “We expect deference and dignity to the directions issued by the Supreme Court,” the bench said and listed the plea by the Shiv Sena (UBT) faction seeking disqualification of Shinde and other Shiv Sena MLAs supporting him after two weeks.
The Speaker is a “tribunal under the tenth schedule of the Constitution”, and as a tribunal, he is amenable to the court’s jurisdiction, the bench said, adding nothing has been done about the pending disqualification petitions after the May 11 judgment. “We now direct that the speaker shall issue the procedural directions within a week setting out a timeline to complete the proceedings. The solicitor general shall inform the court about the timeline for disposing of the proceedings,” the bench said.
The Uddhav Thackeray faction had moved the apex court in July seeking direction to the State Assembly Speaker to adjudicate the disqualification petitions in a time-bound manner expeditiously. The plea by Shiv Sena (Uddhav Balasaheb Thackeray) MLA Sunil Prabhu, who as the chief whip of the undivided Shiv Sena had filed the disqualification petitions against Shinde and other MLAs in 2022, alleged Speaker Rahul Narwekar is deliberately delaying the adjudication despite the verdict of the apex court.
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Dignity and respect can neither be expected nor demanded. It is time for introspection when IT IS NOT COMMANDED. Beyond reasonable time, can the Speaker be directed
to perform in a particular way or within specified time? What if the Speaker unable to meet the directions given? Every decision making authority has a discretion, the speed and time lines of the courts are beyond question can it be different for similar process in the house. What happens to the delay between the completion of hearing and the judgement, often kept reserved.