In a recent development, the Supreme Court has expressed its displeasure over the delay in adjudication of disqualification petitions against Maharashtra Chief Minister Eknath Shinde and his supporting MLAs. The apex court has warned Maharashtra Assembly Speaker Rahul Narwekar about the prolonged timeline he has set for hearing these petitions.
The petitions, filed by the Uddhav Thackeray and Eknath Shinde factions of Shiv Sena against each other, revolve around the anti-defection law, as detailed in the tenth schedule of the Constitution. Sunil Prabhu, a member of the Uddhav Thackeray faction, has sought a swift decision from the Speaker on this matter.
During the hearing, the Supreme Court emphasized that the Speaker should resolve the issue well before the upcoming Lok Sabha elections. The court expressed its concern over the matter being rendered meaningless due to unnecessary delays. Previously, on September 18, the court had shown dissatisfaction with the Speaker for keeping the disqualification petitions pending since July 2022.
Senior Advocates Kapil Sibal and Dr. Abhishek Manu Singhvi, representing the Uddhav group, highlighted that the Speaker’s current hearing schedule spans an entire year. Sibal questioned the extensive timeline, comparing the procedure to a civil suit, and remarked,
“This is becoming a farce…”
Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Justice Manoj Misra, conveyed their concerns about the Speaker’s approach to Solicitor General of India, Tushar Mehta. CJI Chandrachud stated,
“Mr. Solicitor, somebody has to advise the Speaker. He cannot defeat the orders of the Supreme Court… Since June, there is no action in the matter… This cannot become a charade.”
While the Solicitor General questioned the Supreme Court’s interference in the day-to-day functioning of the Speaker, acting as a Tribunal, CJI Chandrachud asserted the Speaker’s accountability to the Supreme Court’s jurisdiction. He further remarked,
“We issued notice on 14 July… Now seeing that the speaker has not taken any steps, we are constrained to say that he must take a decision in 2 months.”
Senior Advocate Mukul Rohatgi, representing the Shinde group, raised objections to the court’s directions. However, the bench reiterated its stance, emphasizing that the decision must be made well before the next elections. The CJI also questioned Rohatgi about his clients’ apprehensions regarding the Speaker’s decision.
The hearing has been adjourned to next Tuesday, October 17, with the Supreme Court expecting a revised hearing schedule from the Speaker. CJI Chandrachud warned,
“If we don’t find that a proper time schedule is set out, we will pass a peremptory order setting down a timeline.”
He further stressed the importance of upholding the dignity of the court.
It’s worth noting that a total of thirty-four petitions, seeking the disqualification of fifty-six MLAs, have been filed by both factions against each other. Another related matter, involving the Sharad Pawar and Ajit Pawar factions of the Nationalist Congress Party (NCP), will also be considered next Tuesday.
