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SC issues notice to House speaker over disqualification pleas against Sena MLAs
Sunil Prabhu, the chief whip of the undivided Shiv Sena, filed separate disqualification petitions against 39 lawmakers, including chief minister Eknath Shinde
The Supreme Court on Friday issued a notice to Maharashtra assembly Speaker Rahul Narwekar in response to a plea for deciding on the disqualification petitions in a time-bound manner against chief minister Eknath Shinde and legislators of his faction of Shiv Sena.
Sunil Prabhu, the chief whip of the undivided Shiv Sena, filed separate disqualification petitions against 39 lawmakers, including Shinde, who took over as the chief minister with the Bharatiya Janata Party (BJP) support after rebelling against his predecessor, Uddhav Thackeray, and splitting the Sena last year.
Senior advocate Devadutt Kamat, who appeared for Prabhu, told a Chief Justice of India Dhananjaya Y Chandrachud-led bench that Narwekar has not decided on the disqualification petitions even as the May 11 order of a Constitution Bench required him to do so within a reasonable time. “We will issue notice and make it returnable after two weeks,” said the bench which also comprises justices PS Narasimha and Manoj Misra
Prabhu said he sent three reminders to Narwekar in May and June after the court’s May 11 order for taking up the disqualification pleas. He added not a single hearing has been conducted since the court passed the judgment.
In his petition, Prabhu said the Speaker in brazen disregard to his constitutional duties as a neutral arbiter has sought to delay the adjudication of the disqualification petitions, thereby permitting the “illegal continuance” of Shinde.
Prabhu filed the disqualification petitions on behalf of the undivided Shiv Sena initially against Shinde and 15 other lawmakers on June 23, 2022. Notices were issued on them last year but no responses have been filed to date. Prabhu later moved disqualification petitions against two independent lawmakers on June 25 last year and 22 Shiv Sena legislators. Two separate disqualification petitions were filed on July 3 and July 5 against 39 lawmakers including Shinde for violating the party whip.
The Uddhav Thackeray faction of the Sena has maintained the Speaker was bound to act under the Constitution in a fair and unbiased manner. It added this obligation requires the Speaker to decide disqualification pleas in an expeditious manner. The faction asked the court to direct time-bound disposal of the disqualification pleas and preferably within two weeks.
“The Speaker’s inaction in deciding the disqualification proceedings is an act of grave constitutional impropriety as his inaction is allowing MLAs [members of legislative assembly] who are liable to be disqualified to continue in the assembly and to hold responsible positions in the government of Maharashtra including that of the Chief Minister,” it said in its plea
In its May 11 verdict, the court said it cannot ordinarily adjudicate petitions for disqualification under the Tenth Schedule or the anti-defection law, in the first instance. “There are no extraordinary circumstances in the instant case that warrant the exercise of jurisdiction by this Court to adjudicate disqualification petitions. The Speaker must decide disqualification petitions within a reasonable period.”
It added the Speaker is expected to act “fairly, independently, and impartially” while deciding the disqualification petitions under the Tenth Schedule as ultimately the decision of the Speaker is subject to judicial review.
