Can't reduce disqualification proceedings to charade: SC to Maharashtra Speaker on Sena row

The Supreme Court on Friday told the Maharashtra Assembly Speaker that he cannot reduce the disqualification proceeding initiated against Chief Minister Eknath Shinde and other rebel MLAs of Uddhav Thackeray-led Shiv Sena as "charade" and allow the matter "to go on merrily till next elections to make it infructuous.”

The top court asked him to give a time schedule by October 17 to decide the matter.

"The Speaker acts as tribunal under the Tenth Schedule and he is amendable to jurisdiction of this court. The proceedings before him should not be reduced to a charade. We have to engender a sense of confidence," a bench led by Chief Justice of India D Y Chandrachud said.

The bench, also comprising Justices J B Pardiwala and Manoj Misra told Solicitor General Tushar Mehta, appearing for the Speaker Rahul Narwekar that he can't defeat the order of this court as he has to sit down and decide the matter.

"You must apprise the Speaker, he has to fix a time schedule. Our order is not being implemented, that is our concern," the bench said.

The court pointed out it had issued notice in the matter on July 14 and again asked him on September 18 to fix a time schedule.

"We are constrained to say he must take a decision within two months. Nobody is saying what to decide. The idea is not to allow this to go on merrily till the next elections and let the matter become infructuous. We pay deference to every branch of the government but writ of this court has to run," the bench orally said.

The bench also asked Mukul Rohatgi who on behalf of Shinde and others objected to filing of repeated applications by the petitioners, as to why he was averse to a decision. 

"You have also filed your disqualification petitions and should be keen to pursue your matter," the bench told Rohatgi.

The bench directed Mehta to apprise the court about the time schedule on Tuesday for deciding the bunch of disqualification petitions.

Mehta said the petitioners side kept on filing documents after documents before the Speaker and they cannot dictate or decide the procedure. He said the court should not be hearing a plea as to what the constitutional functionary (Speaker) should do on a day to day basis.

The Supreme Court's Constitution Bench had on May 11, 2023 had directed the Speaker decide the matter within a reasonable period.

The plea by Thackeray group also contended the Speaker has not convened any meeting with regard to the disqualification petitions, pending since June 23, 2022, despite three representations sent to him after the Supreme Court Constitution Bench's May 11, 2023 order to him to decide the matter within a reasonable period.

The court also issued notice on a separate plea by NCP's Jayant Patil against delay in deciding disqualification petitions filed against Deputy Chief Minister Ajit Pawar and other MLAs, who joined the Shinde government.