Speaker Narwekar says he will need reasonable time to decide on MLAs’ disqualification

Maharashtra Assembly Speaker Rahul Narwekar said that a decision on initiating disqualification proceedings against MLAs could take over three months. The first task before him is to decide which faction is the real Shiv Sena, followed by a decision on the party whip, and then on disqualification. The legislature has decided to serve notices on the petitioners to submit their views before the hearings begin. Narwekar said that decisions would be taken without any haste, keeping the principles of justice in mind.

A decision on initiating disqualification proceedings against MLAs, among a host of issues, might take more than three months, assembly speaker Rahul Narwekar said on Tuesday. He chaired his first meeting with officials at the state legislature after returning from a three-day London tour.

Mumbai, India - February 21, 2023: Union Minister for Fisheries Department Purshottam Rupala, Maharashtra Chief Minister Eknath Shinde, Maharashtra Assembly Speaker Rahul Narvekar along with Maharashtra Fisheries Minister Sudhir Munganttiwar hand over aids and facilities to local fishermen during Sagar Parikrama 2023, a project by Union Ministry, at Sassoon Dock, Colaba, in Mumbai, India, on Tuesday, February 21, 2023. (Photo by Bhushan Koyande/HT Photo) (HT PHOTO)

His argument was if the Supreme Court could take around 10 months for its verdict and the Election Commission of India (ECI) could spend more than six months before deciding on the authority over the real Shiv Sena and the party symbol, why the speaker could not get a reasonable time.

HT looks at the steps Narwekar might take to get the house in order since the apex court has left the decision on the real Shiv Sena, the party whip, and the disqualification proceedings to the speaker.

Real Shiv Sena

The first task before him is to decide if the faction led by CM Eknath Shinde or the camp headed by Uddhav Thackeray is the real Shiv Sena. “The decision would have the retrospective effect from June-July last year (when the erstwhile MVA government was toppled, and the Shinde-Devendra Fadnavis duo took over). However, the ECI order would not have any bearing on our decision,” he said.

Party whip

A decision on the party whip will be the next stage. Though the SC has called the appointment of Bharat Gogawale (from Shinde camp) as the whip of Shiv Sena illegal, Narwekar said, “It is a misconception that the recognition of the whip was termed illegal. The decision on the whip and the group leader is taken based on the strength in the house. The SC has directed us to take a call on the whip as per the desire of the ‘real political party’.”

Disqualification

Both the warring factions have filed five petitions demanding disqualification of 54 MLAs - 40 from Shinde camp and 14 from Thackeray group. “A decision in this regard will be based on schedule 10 of the constitution and as per the provisions of the Maharashtra Legislature Members (removal of disqualification) Act,” Narwekar said.

He further said, “I know the power and duty of the speaker and I would not bow under any political pressure. I do not think it necessary to take cognisance of any such attempt or remarks made outside the house.”

Process begins

The legislature has decided to serve notices on the petitioners to submit their views. Officials will also write to Thackeray and Shinde asking them to submit copies of their constitution, appointment of leaders, and resolutions passed in their annual general meetings. Soon after, the hearings will begin.

“The decisions will be taken as soon as possible, but without any haste by keeping the principles of justice hurried is justice buried and justice delayed is justice denied, in mind,” Narwekar said.

When asked about a Manipur verdict by the SC where it had set a deadline of three months, Narwekar said, “The reasonable time varies from case to case, and the time frame set for one case cannot be applicable to the other.”