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"The decision has to be taken well before the next election. The whole exercise done in May 2023, this has to be done in a timely manner..he is an election tribunal..", court remarked today
The Supreme Court today remarked that the Maharashtra Speaker to hear the disqualification petitions pending before him on a day-to-day basis and decide them before the upcoming elections.
"You cannot have a charade, there has to be a hearing before the Speaker. He has to hear it day to day and complete it..He cannot hear it for two days and then say I will hear in November.. It is a tribunal amenable to the jurisdiction of this court..", the CJI said.
As the hearing commenced today in the pleas filed by Uddhav Thackeray led Shiv Sena faction and Sharad Pawar led NCP faction, Senior Advocate Kapil Sibal apprised the court about the speaker's schedule set out for the disqualification hearings.
"Have your lordships seen what the Speaker is doing..the schedule is more complicated than a trial..he has asked to produce evidence to show who the real party is..", Sibal added.
The bench comprising Justices JB Pardiwala and Manoj Misra went on to tell Solicitor General Tushar Mehta that he must advice the Speaker. "What kind of schedules has he laid down, this is a summary procedure..he must give the impression that he is taking the matter seriously..", CJI said.
Court further remarked that it must not be compelled to say that speaker must take a decision within two months. "These hearings should not be reduced to a charade..", it added.
"We will take it up on Tuesday in the morning..now Mr Solicitor you give us a schedule now..We are dutybound to maintain dignity of this court..and our order not being implemented is the problem..", further said the bench while directing SG Mehta to come back with a response.
On Monday, the Sharad Pawar led faction of the Nationalist Congress Party had 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.
When the matter was taken up, CJI Chandrachud hadsaid, "We had asked the Speaker to put up a schedule for these pleas..we will list the Shiv Sena one and this together on Friday..".
Notably, the CJI was referring to the Supreme Court's earlier order passed in September 2023, saying that that the disqualification petitions against Maharashtra CM Eknath Shinde and rebel MLA's should be taken up within a week, wherein Speaker of the Maharashtra Legislative Assembly will decide a time schedule for wrapping them up.
In July, the Supreme Court had 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.
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 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 plea contended.
Case Title: Jayant Patil vs. Speaker, Maharashtra Legislative Assembly
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