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Synopsis

Shiv Sena faction led by Uddhav Thackeray has filed an application in the Supreme Court bringing to its notice the Assembly Speaker's meeting with Maharashtra Chief Minister Eknath Shinde on January 7, ahead of him pronouncing the verdict in the disqualification petitions, terming it as "highly improper".

It has been contended that the meeting ahead of the crucial deadline of January 10 to pronounce orders on disqualification petitions raises questions about fairness and impartiality of the decision-making process.

The plea filed by leader Sunil Prabhu says the conduct of the Speaker must inspire confidence and justify the constitutional trust reposed in its high office. "However, the present act of the Speaker raises questions about the fairness and impartiality of the decision-making process," the plea said.

The applicant through advocate Nishanth Patil submits that it was necessary to bring to the notice of the Supreme Court the alarming news that the Speaker, Maharashtra Legislative Assembly, Rahul Narwekar had a meeting with Shinde at his official residence on January 07, 2024.

"It is highly improper for the Speaker to meet Shinde just three days prior to deciding the disqualification petitions. The Speaker, as the adjudicating authority under the Tenth Schedule, is required to act in a fair and impartial manner," it said.

Court has been further told that the act of the Speaker in meeting Shinde is in violation of the legal maxim that justice should not only be done but should also be seen to be done.

On December 15, 2023 Supreme Court had granted an extension of 10 days to Maharashtra Assembly Speaker in deciding the disqualification petitions filed by Uddhav Thackeray led faction of Shiv Sena.

Earlier, the bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra had directed the Speaker to decide the petitions by December 31, 2023.

Solicitor General Tushar Mehta had in fact requested the bench for a three-week extension from December 31, 2023. 

Supreme Court had earlier given a 'last chance' to the Maharashtra Speaker to come up with a schedule to hear the disqualification petitions pending before him. Court was visibly irked with the Speaker giving interviews saying that court is a co-equal branch of the government and not doing his job.

On October 13, Supreme Court had asked the Speaker to hear the disqualification petitions pending before him on a day-to-day basis and decide them before the upcoming elections.

The Sharad Pawar led faction of the Nationalist Congress Party had also knocked on the Supreme Court's door, asking it to direct the Maharashtra Speaker to decide the disqualification petitions filed by it against the Ajit Pawar led faction.

Cause Title: Sunil Prabhu vs. The Speaker, Maharashtra State Legislative Assembly