New Delhi: The Supreme Court Monday directed the Maharashtra assembly speaker Rahul Narwekar to decide by December 31 the disqualification petitions filed by Uddhav Thackeray faction of Shiv Sena against the Maharashtra chief minister Eknath Shinde and the other rebel Shiv Sena MLAs who backed him.
A bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra said the speaker must endeavour to complete the hearing and decide disqualification petition filed by the Thackeray faction by December 31.
Senior advocate Kapil Sibal, representing the Thackeray faction, stressed that the speaker is acting arbitrarily and delaying the proceedings. The bench orally observed that time appears to be ripe for the court to hear the disqualification petitions.
The apex court directed that the disqualification petitions moved by the NCP faction led by Sharad Pawar against a group of rebel legislators, including Maharashtra deputy chief minister Ajit Pawar, to be decided by January 31.
During the hearing, the Chief Justice said both parties will tender a convenience compilation before the apex court and it will be convenience compilation for nodal officers for both the sides, and asked the counsel shall it be treated as evidence in the proceedings? Sibal said they do not want any more evidence. However, Shinde faction opposed it saying that some of those documents are being denied and, on some documents, signatures are forged.
The Chief Justice orally remarked, “you go on with all the wrangling before the speaker but proceedings have to be completed by December 31…..Mr Solicitor our concern is that this can’t be these proceedings will sort of wrangle on until the election is announced and House comes to an end that seems to be….”.
Solicitor General Tushar Mehta, representing the speaker, said the elections will not be announced. Sibal said the elections will be announced in March 2024. The Chief Justice said the proceedings should be concluded by December 31. Mehta cited there are two patches: Diwali holidays when the staff is on leave and the session of the assembly, and sought more time for the speaker to decide the matter.
The Chief Justice asked Mehta, “tell us what was done, our judgment was delivered in May 2023, and the incidents which have taken place are of 2022….”. The Chief Justice told Mehta that sufficient time is available, even considering the Diwali holidays and the session, for the speaker to decide the matter. Mehta said the lordship exercising this jurisdiction today in this case will be a precedent for courts to direct the speaker on day-to-day working. The Chief Justice asked Mehta to give a firm date to complete the proceedings. Mehta replied January 31. Sibal opposed it saying that in February 2024, the election notification will be issued.
After a detailed hearing in the matter, the apex court has scheduled it for further hearing in January first week.
The top court was hearing a plea filed by the Uddhav Thackeray faction seeking an expeditious decision by the speaker on disqualification petitions filed by them against the Shinde faction.
Along with the Thackeray faction petition, a petition by Jayant Patil, member of Sharad Pawar faction of the Nationalist Congress Party, was also listed before the apex court. The plea sought a direction to the Maharashtra legislative assembly Speaker to expeditiously decide their petitions seeking disqualification of rebel MLAs led by Ajit Pawar under the anti-defection law.
In response to an earlier order of the bench, the Speaker submitted an affidavit before the court, outlining the schedule for hearing the 39 disqualification petitions. He proposed to conclude the proceedings in the matter by 29 February, 2024. However, the apex court rejecting this offer said the sanctity of the tenth schedule has to be maintained.
Mehta, who was representing the speaker, opposed the court fixing a timeline for his client and emphasized that this court has never in any case directed the Speaker, but has always said that the officer (of the Speaker) should endeavour or try to complete the proceedings within a timeframe. Mehta urged the bench to refrain from issuing “directions” to the Speaker, who too holds a constitutional post. 34 disqualification petitions are related to the Shiv Sena split, five are concerning Nationalist Congress Party (NCP) MLAs who defected to join the Shinde government.
