
The Supreme Court of India has extended the deadline for the Maharashtra Legislative Assembly Speaker to decide on the disqualification petitions related to the Shiv Sena rift. The new deadline is set for January 10, 2024. This extension follows an earlier directive from the Apex Court, which had set December 31, 2023, as the initial deadline for resolving these petitions.
During the proceedings, Solicitor General Tushar Mehta, representing the Speaker, informed a bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, that the proceedings would conclude on December 20, 2023. However, he highlighted the challenge of examining approximately two lakh seventy thousand documents, necessitating additional time for a thorough review.
The bench acknowledged the Speaker’s request for a reasonable extension, noting the volume of documentation involved in the case. The Solicitor General submitted,
“The speaker has said that on 20 December the judgement would be reserved and no further time would be taken. Hearings took place even during the assembly session. There are 2 lakh 71 thousand pages. I’m seeking pronouncement of judgement extension by three weeks. We won’t ask for more.”
Senior Advocate Kapil Sibal raised objections to this extension, pointing out that a similar request had been made previously. However, Chief Justice Chandrachud responded,
“The speaker has indicated that the proceedings will be closed on Dec 20. The speaker has sought a reasonable extension of time. Bearing in mind the time limit laid out earlier, we grant extension of time till January 10, 2023, for the speaker to deliver judgment.”
This decision comes after the court had previously directed the Maharashtra Legislative Assembly Speaker to decide the disqualification petitions filed in relation to the Shiv Sena rift and the Nationalist Congress Party rift by December 31, 2023, and January 31, 2024, respectively. The court had earlier granted a “final opportunity” to the Speaker to set an appropriate schedule for expeditiously hearing the disqualification petitions. The bench had expressed dissatisfaction with the initial time schedule proposed by the Speaker, emphasizing the need for a more immediate resolution.
The petition filed by Shiv Sena (Uddhav Balasaheb Thackeray) leader Sunil Prabhu relied on the Supreme Court’s direction in a constitution bench judgment of May 11, 2023, that the speaker must decide the disqualification petitions “within a reasonable period.”
The case, titled Jayant Patil v The Speaker Maharashtra State Legislative Assembly W.P.(C) No. 1077/2023, will continue to be a focal point in the ongoing political developments within Maharashtra’s legislative framework. The extended deadline reflects the Supreme Court’s consideration of the complexities involved in the case, balancing the need for a thorough examination of evidence with the urgency of resolving political disputes.
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