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"What should we do now, the order was passed in May this year..you have more than a month apart from the holidays..", the CJI said today
The Supreme Court today directed the Maharashtra Speaker to decide the disqualification petitions filed by Uddhav Thackeray led faction of Shiv Sena by December 31, 2023.
Regarding the petitions filed by Sharad Pawar led Nationalist Congress Party faction, the Speaker has been granted time till January 31, 2024 to decide them.
Court was informed today that the Speaker wanted time till February 29, 2024 to decide the petitions. Solicitor General Tushar Mehta told the bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, "There are Diwali holidays and then the winter session..and the winter break also for a week..what I am suggesting is this, kindly take this affidavit on record and list in January to see the progress..".
Senior Advocate Kapil Sibal went on to inform the bench that the Speaker had rejected the convenience compilations filed by them and had aksed the parties to prove each of their documents. "You might as well move it to July..this is shocking, I have never seen a tribunal behave in this manner...", Sibal added.
"I some documents our signatures are forged..we cannot accept everything that they submit..", Senior Advocate Mukul Rohatgi said in response.
"They want to lead evidence that Uddhav Thackeray was not elected properly in 2018", Sibal further told the bench.
The Supreme Court had two weeks back 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 Friday, 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.
"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 had said.
As the court was hearing pleas filed by Uddhav Thackeray led Shiv Sena faction and Sharad Pawar led NCP faction, Senior Advocate Kapil Sibal apprised had court about the speaker's schedule set out for the disqualification hearings.
Last 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 had said, "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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