SC notice to Maharashtra Assembly Speaker on disqualification petition against CM Shinde and other MLAs

The plea claimed that the Speaker, by his inaction, has clearly demonstrated that he is incapable of fair and unbiased functioning.

The Supreme Court on Friday issued notice to the Maharashtra Assembly Speaker on a plea by Uddhav Thackeray's Shiv Sena (UBT) seeking a direction to decide the disqualification petitions against Chief Minister Eknath Shinde and other MLAs in a time-bound manner, preferably within two weeks.

A bench led by Chief Justice of India D Y Chandrachud sought a response from Speaker Rahul Narwekar within two weeks.

Senior advocate Devadatt Kamat and advocate Nishanth Patil appeared for the party's chief whip Sunil Prabhu in the writ petition.

It was contended before the court that the Speaker has issued notice to the "delinquent" MLAs only after the instant plea was filed before the top court.

Read | Court can't dictate timeframe to Speaker to take decision: Narwekar on MLA disqualification

The petitioner claimed that the Speaker’s inaction in deciding the disqualification proceedings is "an act of grave constitutional impropriety" as this allowed MLAs, 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.

The disqualification petitions have been pending for over one year, the plea said.

It also contended that circumstances have further precipitated subsequent to the May 11, 2023 decision of the Supreme Court, with the Speaker consciously avoiding his duties.

The plea claimed that the Speaker, by his inaction, has clearly demonstrated that he is incapable of functioning as a fair and unbiased Tribunal under the Tenth Schedule, as required by law.

The plea was filed on July 4 - two days after NCP's Ajit Pawar and eight MLAs joined the Shinde government with support of BJP. The NCP was a key constituent of previous Maha Vikas Aghadi government led by Thackeray.

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

"However, the Speaker in brazen disregard to his constitutional duties as a neutral arbiter, has sought to delay the adjudications of the disqualification petitions, thereby, permitting the illegal continuance of Shinde as Chief Minister, against whom the disqualification petitions are pending," the plea stated.

The petition claimed that in the present case, the delinquent MLAs against whom disqualification petitions are pending, have committed brazenly unconstitutional acts, which per se invited disqualification under Paras 2(1)(a), 2(1)(b), and 2(2) of the Tenth Schedule (anti defection law) of the Constitution.

Read | MLAs from Shinde-led Shiv Sena, Uddhav's faction get notice seeking reply on disqualification

The plea also maintained that it is constitutionally imperative for this court to issue appropriate directions to ensure that the provisions of the Tenth Schedule are not reduced to a nullity merely on account of inaction of the Speaker.

A total of 16 disqualification petitions were filed on June 23, 2022, and notices were issued by the Deputy Speaker (performing the functions of Speaker) on June 25, 2022, granting the rebel MLAs time to file their reply by June 27, 2022, the plea said.

The Supreme Court, by its order on June 27, 2022, granted time to Shinde and Bharat Gogawale and other similarly situated MLAs to file their replies by July, 2022.

However, no reply has been filed till date. Thus, the right to file their replies in these 16 petitions stands closed, it contended.