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Top Court has been told that it is constitutionally imperative for it to issue appropriate directions to ensure that the provisions of the Tenth Schedule (anti defection law) are not reduced to a nullity merely on account of inaction of the Speaker.
The Supreme Court today issued notice in the plea filed by Uddhav Thackeray's Shiv Sena seeking a direction to the Maharashtra Assembly Speaker to decide the pending disqualification petitions against Chief Minister Eknath Shinde and other MLAs in a time bound manner, preferably within two weeks.
A CJI DY Chandrachud led bench today issued notice on the plea filed by MLA Sunil Prabhu and made it returnable in two weeks.
The bench also comprising of Justices PS Narasimha and Manoj Mishra was further informed that the petitions were lying pending from a long time.
In a fresh writ petition, party leader Sunil Prabhu contended the Speaker has not convened any meeting with regard to the disqualification petitions despite three representations sent to him after the Supreme Constitution bench's May 11 order to him decide the matter within a reasonable period.
"The petitioner has also sent more than three subsequent representations dated 15th May, 2023, 23rd May, 2023 & 02nd June, 2023 to convene a hearing in the said disqualification matters, however, the Respondent 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," the plea filed by advocate Nishanth Patil states.
The plea claimed 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.
"Therefore, 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," it said.
The plea maintained that based on undisputed facts, the delinquent MLAs of the Maharashtra Legislative Assembly have incurred per-se disqualification under Para 2(1)(a), Para 2(1)(b), and Para 2(2) of the Tenth Schedule of the Constitution as they have voluntarily given membership of Shiv Sena.
It also said as many as 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 respondents (MLAs) time to file their reply by June 27, 2022.
The Supreme Court, by its order on June 27, 2022, granted time to the petitioners therein (Eknath Shinde and Bharat Gogawale) and other similarly situated MLAs to file their replies by July, 2022.
However, as no reply has been filed till date, the right to file their replies in these 16 petitions stands closed, the present plea contends.
Case Title: Sunil Prabhu vs. Speaker, Maharashtra Assembly
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