Submit new timeline on disqualification petition hearing, SC warns Narwekar

The Supreme Court has asked the Maharashtra assembly speaker to submit a realistic time frame for the hearing of Shiv Sena MLA disqualification petitions. The speaker's original schedule has no specific timeline to complete the process. The court has warned that a decision on the disqualification pleas must be taken before the next assembly elections, otherwise the whole process would be pointless.

Expressing displeasure at Rahul Narwekar’s schedule for the hearing of the Shiv Sena MLA disqualification petitions, the Supreme Court on Tuesday asked the Maharashtra assembly speaker to submit a realistic time frame by the next hearing on October 30. Despite similar strictures passed last week, the speaker did not alter his original schedule, which has no specific timeline to complete the process.

Mumbai: Maharashtra Legislative Assembly Speaker Rahul Narwekar arrives at Vidhan Bhavan on the second day of the Monsoon Session of Maharashtra Assembly, in Mumbai, Tuesday, July 18, 2023. (PTI Photo/Kunal Patil)(PTI07_18_2023_000208B) (PTI)

Last Friday, the SC came down heavily on the speaker, saying the proceedings could not be “a charade” and Narwekar could not disobey its orders. Justice Chandrachud said that a decision on the disqualification pleas had to be taken before the next assembly elections, otherwise the whole process would be pointless.

While Narwekar did not respond to the SC’s remarks on Tuesday, earlier in the day, before the hearing, he told the media that a fair decision was not possible before deciding which act was illegal and unconstitutional. “Levelling allegations of dilly-dallying was an attempt to put pressure on me, but I will not budge,” he said. “I have already held three hearings, but three new petitions were filed by the petitioners (Thackeray faction), and the hearing cannot proceed unless the original petitions are taken into consideration. It is clear who is dilly-dallying.”

Shiv Sena (UBT) leader Anil Parab said that Narwekar was under the wrong impression that the apex court’s directives were not applicable to him. “He should understand that he is acting as a tribunal while hearing the Schedule 10-related case,” he said. Added NCP (Pawar faction) leader Jitendra Awhad, “The SC respects the powers of constitutional entities such as the state legislature, but if the speaker is not following its orders, then it will have to intervene.”

Shiv Sena-UBT leader Anil Desai said the party had been expecting the SC to set the schedule for the verdict on Tuesday. “Otherwise it will be justice delayed,” he said. “The entire country is expecting the apex court to work in the interest of the world’s largest democracy. The apex court has said that the summary inquiry expected to be done by the speaker does not need more time.”

According to Narwekar’s schedule of last month, he is expected to decide on the clubbing of petitions and submission of additional documents on October 20. October 27 is for submission of statements on denial or admission of documents submitted by the other party, while November 6 concerns parties’ suggestions on the issue of clubbing hearings together.

On November 10, the speaker will determine the issues after hearing both sides, before the actual hearing and cross-examination begins on November 23. The petition will be listed for final hearing two weeks after the recording of evidence has concluded.

According to state legislature officials, Narwekar is expected to take a call on the revision of the schedule by consulting legal experts. “There will be no option but to club the petitions, hear them regularly and give the final verdict in a time-bound manner,” said an officer.

(With agency inputs)