Sena disqualification row: Supreme Court frowns upon Maharashtra Speaker sitting over disqualification plea

Tribune News Service

Satya Prakash

New Delhi, October 13

The Supreme Court on Friday frowned upon the Maharashtra Assembly Speaker sitting over the plea for disqualification of Chief Minister Eknath Shinde and several other MLAs for months, saying the Speaker cannot defeat its orders.

“Somebody has to advise the Speaker that he cannot defeat the orders of the Supreme Court… Sit down with him and advise him on how to proceed…It’s obvious he needs some assistance,” a Bench led by Chief Justice of India DY Chandrachud told Solicitor General Tushar Mehta.

“We expected the Speaker to do his job. If he is not doing it, we will hold him accountable as an election tribunal… you must apprise the Speaker. We are giving you an opportunity until October 16,” the Bench said.

“The writ of this court has to run when there is a decision contrary to the Constitution of India,” the Bench said, adding it may take up the matter on Tuesday.

During hearing of Shiv Sena (UBT) faction’s petition seeking disqualification of Shinde and other Shiv Sena MLAs supporting him, it asked Mehta to inform the court about the timeline for deciding the issue.

On behalf of petitioner Shiv Sena (UTB) leader Sunil Prabhu, senior counsel Kapil Sibal and Abhishek Manu Singhvi urged the top court to decide the responsibilities of the Speaker as an election tribunal under the Tenth Schedule of the Constitution (anti-defection law).

While delivering its verdict on various issues arising out of the 2022 Maharashtra political crisis, a five-judge Constitution Bench led by CJI DY Chandrachud had on May 11 directed the speaker to decide the disqualification petitions under the anti-defection law within a reasonable time.

Piqued by the Speaker’s attitude, the Bench on Friday said a decision on disqualification pleas has to be taken before next assembly elections or the whole process will become infructuous. If it was not satisfied with the timeline of the Speaker, it would direct the decision to be taken in two months, the Bench said.

Disapproving of the inordinate delay on the part of Maharashtra Assembly Speaker in adjudicating on anti-defection petitions against Chief Minister Eknath Shinde and Shiv Sena MLAs supporting him, the top court had on September 18 asked him to come out with a timeline within a week for deciding the matter.

"What did the speaker do after the May 11 judgment by the court? It appears that nothing has happened… You can't say that I'll hear it in due course,” the CJI had told the Solicitor General, who represented Maharashtra Assembly Speaker Rahul Narwekar. “We expect deference and dignity to the directions issued by the Supreme Court,” it had said.

The Supreme Court had on July 14 issued notice to the office of the Maharashtra Legislative Assembly Speaker on Shiv Sena-UTB legislator Sunil Prabhu’s petition seeking expeditious disposal of its plea for disqualification of Chief Minister Eknath Shinde and other Sena MLAs, who form a new government with the BJP in June 2022. Prabhu accused Speaker Rahul Narwekar of deliberately delaying the adjudication despite the May 11 Constitution Bench verdict asking him to take a call on the petitions within a reasonable period.

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