Shiv Sena vs Shiv Sena: SC asks Maharashtra Speaker to take decision on disqualification petitions by December 31

New Delhi [India], October 30 : The Supreme Court on Monday asked Maharashtra Assembly Speaker Rahul Narwekar to decide by December 31 disqualification petitions against MLAs including Chief Minister Eknath Shinde.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said procedural wranglings should not be permitted to delay disqualification petitions.
"We are of the view that procedural wranglings cannot lead to a delay in the decision of disqualification petitions. We direct that that proceedings be completed before December 31, 2023," the bench said.
The top court rejected the proposal of the Maharashtra Speaker that he could conclude proceedings on cross-disqualification petitions filed by Shiv Sena factions by February 29, 2024.
"We are concerned that the sanctity of the Tenth Schedule must be maintained. Otherwise, we are throwing these provisions to the wind," observed the bench during the hearing.
The CJI pointed out that the Constitution bench judgment in the Shiv Sena case was delivered in May this year and the incidents took place in July 2022.
The apex court was hearing a plea filed by Uddhav Thackeray-led Shiv Sena seeking direction to the Speaker to take an expeditious decision on the disqualification petitions pending against rebel Sena MLAs led by Eknath Shinde. The plea was filed by MLA Sunil Prabhu of Uddhav Thackeray's group of Shiv Sena.
Meanwhile, the bench also asked the Speaker to decide by January 31, 2024, disqualification pleas filed by the Sharad Pawar faction of the Nationalist Congress Party (NCP) seeking directions to the Speaker to take action against rebel MLAs led by Ajit Pawar.
Uddhav Thackeray and Sharad Pawar led factions sought expeditious decision by the Speaker on the disqualification petitions filed respectively against the Eknath Shinde and Ajit Pawar factions.
Earlier, the top court had expressed disapproval over the delay by the Speaker in deciding the disqualification petitions and said it had been asking the Speaker to decide on the matter for four months.
The Speaker cannot delay the proceedings under the Tenth Schedule of the Constitution indefinitely and there has to be a sense of respect for the directions passed by the top court, the bench had said.
The top court had noted that a total of 34 petitions filed by both groups of Shiv Sena against each other seeking the disqualification of 56 MLAs are pending before the Speaker.
Speaker's conduct in choosing to deliberately delay the adjudication of the disqualification petitions filed by the Uddhav Thackeray group against the delinquent members of the Maharashtra Legislative Assembly, the petition had added.
The disqualification pleas have been pending since the Maharashtra political crises started. The plea sought direction for the Speaker to decide disqualification petitions within a time-bound manner.
Sunil Prabhu for Thackeray group in his plea contended that in the present case, the delinquent MLAs against whom disqualification petitions are pending have committed "brazenly unconstitutional acts" which per se invite disqualification under Paras 2(1)(a), 2(1)(b), and 2(2) of the Tenth Schedule.
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, the plea added.
Prabhu had said though the Supreme Court in its May 11 judgment asked the Speaker to decide pending disqualification petitions within a reasonable period, the Speaker has taken no steps in that regard. He said he has already submitted three representations on this score to the Speaker, but to no avail.
The disqualification petitions against the rebel MLAs were filed by Sunil Prabhu, the Shiv Sena party Whip appointed by Uddhav Thackeray, on 23 June 2022, after the MLAs revolted against Thackeray. The notices of disqualification were issued by Deputy Speaker Narhari Zirwal in the absence of the Speaker.
On May 11 five-judge Constitution bench had held that it could not disqualify the Eknath Shinde-led Maharashtra government and reinstate Uddhav Thackeray as Chief Minster because the latter had chosen to resign instead of facing a test of strength in the Assembly.
In August last year, the top court's three-judge bench had referred to a five-judge Constitution bench the issues involved in the petition filed by rival groups of Shiv Sena in relation to the Maharashtra political crisis.
On June 29, 2022, the top court gave a go-ahead to the floor test in the Maharashtra Assembly on June 30. It had refused to stay the Maharashtra Governor's direction to the then Chief Minister Uddhav Thackeray to prove his majority support on the floor of the House on June 30.
After the apex court's order, Uddhav Thackeray announced his resignation as the Chief Minister and Eknath Shinde was later sworn in as the Chief Minister.