New Delhi [India]: The Supreme Court on Friday issued notice to the Maharashtra Legislative Assembly Speaker on a plea of Uddhav Thackeray-led Shiv Sena seeking direction to the Speaker to take an expeditious decision on the disqualification petitions pending against rebel Sena MLAs led by Eknath Shinde.
A bench headed by Chief Justice of India DY Chandrachud sought response from the Speaker and others on the plea within two weeks. The plea was filed by MLA Sunil Prabhu of Uddhav Thackeray’s group of Shiv Sena.
“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 Eknath Shinde as Chief Minister, against whom the disqualification petitions are pending for almost a year”, the plea said.
“Speaker’s conduct in choosing to deliberately delay the adjudication of the disqualification petitions filed by the Uddhav Thackeray group against the delinquent members of the Maharashtra Legislative Assembly”, it added.
The disqualification pleas have been pending since over a year. The plea sought direction for the Speaker to decide disqualification petitions within a time-bound manner.
Sunil Prabhu in his plea contended that in present case the delinquent MLAs against whom disqualification petitions are pending have committed “brazenly unconstitutional acts” which per se invite disqualification under Paras 2(1)(a), 2(1)(b), and 2(2) of the Tenth Schedule.
The Speaker’s inaction in deciding the disqualification proceedings is an “act of grave constitutional impropriety” as his inaction is allowing MLAs 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, the plea added.
“It is settled law that the Speaker while performing its functions under Para 6 of the Tenth Schedule, acts as a judicial tribunal, and is required to act in a fair and unbiased manner. The constitutional requirement of fairness enjoins upon the Speaker the obligation to decide the question of disqualification in an expeditious manner. Any unreasonable delay on the part of the Speaker in deciding the petitions for disqualification contributes to and perpetuates the constitutional sin of defection committed by the delinquent members,” the petition stated.
Prabhu said though Supreme Court in its May 11 judgment asked the Speaker to decide pending disqualification petitions within a reasonable period, Speaker has taken no steps in that regard. He said he has already submitted three representations on this score to Speaker, but to no avail.
The disqualification petitions against the rebel MLAs were filed by Sunil Prabhu, the Shiv Sena party Whip appointed by Uddhav Thackeray, on 23 June 2022, after the MLAs revolted against Thackeray. The notices of disqualification were issued by Deputy Speaker Narhari Zirwal in the absence of the Speaker.
On May 11 five-judge Constitution bench had held that it cannot disqualify the Eknath Shinde-led Maharashtra government and reinstate Uddhav Thackeray as Chief Minister because the latter had chosen to resign instead of facing a test of strength in the Assembly.
In August last year, the top court’s three-judge bench had referred to a five-judge Constitution bench the issues involved in the petition filed by rival groups of Shiv Sena in relation to the Maharashtra political crisis.
On June 29, 2022, the top court gave a go ahead to the floor test in the Maharashtra Assembly on June 30. It had refused to stay the Maharashtra Governor’s direction to the then Chief Minister Uddhav Thackeray to prove his majority support on the floor of the House on June 30.
After the apex court’s order, Uddhav Thackeray announced his resignation as the Chief Minister and Eknath Shinde was later sworn-in as the Chief Minister.
