Observing that Maharashtra assembly speaker Rahul Narwekar seems to have done "nothing" in four months to decide on the disqualification applications of MLAs, filed by rival Shiv Sena factions, the Supreme Court Monday directed him to expedite proceedings and asked him to place before the SC a schedule for wrapping up hearing and taking decisions.
A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra said that it had on May 11 directed the speaker to decide on the pleas within "a reasonable time". "It appears that nothing has happened… You cannot say that you will hear in due course," the bench told solicitor general Tushar Mehta, who appeared for the speaker.
The Supreme Court on Monday said disqualification proceedings pending before the Maharashtra speaker cannot be delayed indefintely and the speaker has to abide by its order to maintain the court's dignity. It asked speaker Rahul Narwekar to hear the matter 'no later than a period of one week'.
The bench, after hearing both factions and the speaker, said, "The order of this court requires the speaker to decide the disqualification petitions within a reasonable period. While this court is cognisant to the need of comity with the speaker, we also expect dignity of this court's judgement to be maintained. We direct that the speaker shall hear the matter no later than a period of one week. At the time, procedural directions shall be issued for completing the record and setting out time for hearings. Soft copies of annexures shall be served on all respondents," the bench said.
Solicitor general Tushar Mehta replied that the speaker is proceeding as per law and informed the court about the steps taken over the past four months to refute the Uddhav Thackeray faction's allegation that Narwekar has deliberately been holding up proceedings. He said that a speaker is a constitutional functionary and cannot be ridiculed in the court of law.
The solicitor general also informed the bench that the speaker has categorised the applications into six segments and responses of 56 MLAs as to why they should not be disqualifed have already been sought.
The court was hearing a petition filed by Shiv Sena (Uddhav Balasaheb Thackeray) leader Sunil Prabhu seeking expeditious decision by the Maharashtra speaker on the disqualification proceedings pending against MLAs, including chief minister Eknath Shinde. The Shinde camp also filed disqualification applications against MLAs belonging to the Uddhav camp.
Appearing for Prabhu, senior advocate Kapil Sibal submitted that a speaker conducts proceedings under the 10th Schedule, anti-defection act, in lay parlance, as a tribunal the functioning of which cannot be counted as part of House proceedings. Hence, the court can direct him to conclude hearing a time-bound manner, he contended. Sibal further said that hearing before the speaker is a "farce" and made to protect the "illegal" government.
Senior advocates Niraj Kishsan Kaul and Mahesh Jethmalani, appearing for Eknath Shinde's Sena camp, strongly objected to Sibal's submission and told the bench that voluminous documents were filed before the speaker at the last moment.
(Courtesy:- The Times of India, 19 September 2023)
Key Words:- #Maharashtra assembly speaker #disqualification #Supreme Court #Justice DY Chandrachud #Justice JB Pardiwala #Justice Manoj Misra #disqualification proceedings #Eknath Shinde #MLAs #Mahesh Jethmalani
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