The Supreme Court of India has issued a notice to Maharashtra Assembly Speaker Rahul Narwekar in response to a plea seeking a time-bound decision on the disqualification petitions against Chief Minister Eknath Shinde and legislators from his faction of Shiv Sena. The petitions were filed by Sunil Prabhu, the chief whip of the undivided Shiv Sena, against 39 lawmakers, including Shinde, who took over as chief minister with the support of the Bharatiya Janata Party (BJP) after rebelling against his predecessor, Uddhav Thackeray, and splitting from the Sena.
Senior advocate Devadutt Kamat, representing Prabhu, informed the Chief Justice of the India-led bench that Narwekar had not yet decided on the disqualification petitions, despite the court's May 11 order directing him to do so within a reasonable time. The bench, consisting of Justices PS Narasimha and Manoj Misra, issued a notice to Narwekar and scheduled the matter for a returnable hearing after two weeks.
Prabhu had sent three reminders to Narwekar in May and June after the court's order, but no hearings have been conducted thus far. In his petition, Prabhu alleged that the Speaker's delay in adjudicating the disqualification petitions allowed for the "illegal continuance" of Shinde. The disqualification petitions were initially filed against Shinde and 15 other lawmakers on June 23, 2022, and subsequently extended to include two independent lawmakers and 22 Shiv Sena legislators.
The Uddhav Thackeray faction of Shiv Sena argued that the Speaker is obligated to act in a fair and unbiased manner under the Constitution. They requested the court to direct the time-bound disposal of the disqualification pleas, preferably within two weeks. The faction criticized the Speaker's inaction, stating that it allowed disqualified MLAs to continue in the assembly and hold responsible positions in the Maharashtra government, including that of the Chief Minister.
In its May 11 verdict, the Supreme Court clarified that it cannot ordinarily adjudicate petitions for disqualification under the Tenth Schedule or the anti-defection law in the first instance. The court emphasized the Speaker's responsibility to decide disqualification petitions within a reasonable period, as the Speaker's decision is subject to judicial review.
The Supreme Court's notice to the Speaker of the Maharashtra legislative assembly sets the stage for further proceedings regarding the disqualification petitions against Chief Minister Eknath Shinde and other Shiv Sena MLAs. The court's decision will play a significant role in determining the outcome of the case and ensuring a fair and expeditious resolution.
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