‘Cannot go on indefinitely:’ SC raps Maharashtra Speaker over disqualification of Sena MLAs

File photo of the Supreme Court of India | Manisha Mondal | ThePrint

New Delhi: The Supreme Court on Monday sought a definite timeline from the Maharashtra Assembly Speaker to decide on the disqualification petitions of Shiv Sena MLAs, which arose after the split between the party’s Uddhav Thackeray and Eknath Shinde factions.

The top court asked Speaker Rahul Narwekar to list the matter within a week and set down the time schedule to decide on the petitions.

The top court told the Speaker’s counsel, Solicitor General Tushar Mehta, that it would hear the case again in two weeks. “This matter cannot go on indefinitely,” Chief Justice of India D.Y. Chandrachud said.

The bench of Justice Chandrachud and Justices J.B. Pardiwala and Manoj Misra reminded Mehta of the top court’s 11 May order, in which the Speaker was directed to decide on the petitions within a “reasonable time”. “What did the Speaker do after the 11 May judgement by the court?” the justices asked Mehta.

On Monday, the Supreme Court was hearing a petition by Uddhav faction’s MLA Sunil Prabhu, who sought a direction to the Maharashtra Speaker to quickly decide on the disqualification of rebel Sena MLAs, led by Shinde. The rebellion last year split the parent party and toppled the Sena-Congress-NCP government from power. Shinde joined hands with the BJP to form the present government and became its chief minister.

There are now a total of 34 petitions before the Speaker – filed by both sides – for the disqualification of 56 MLAs, including Eknath Shinde.

During arguments Monday, Prabhu’s advocate Kapil Sibal said the Shinde side had filed replies to the Speaker running into hundreds of pages, following which the Speaker adjourned the matter to be heard in “due course”. Sibal termed the whole process a “farce” and asked for specific directions from the apex court. On the other hand, Shinde’s counsels blamed the Uddhav side for the delay as “they had failed to file documents on time”.

In its order Monday, the top court said: “The order of this Court required the Speaker to decide the disqualification petitions within a reasonable period. While this court is cognizant to the need of comity with the Speaker, we also expect dignity of this judgement to be maintained. We direct the Speaker shall hear the matter no later than a period of one week.”