Why delay in decision on disqualification of MLAs? SC questions CM Shinde

Why delay in decision on disqualification of MLAs? SC questions CM Shinde

The Supreme Court expressed displeasure over the delay by the Maharashtra Assembly Speaker in disposing of the disqualification petitions pending by the Uddhav Thackeray faction against Maharashtra Chief Minister Eknath Shinde and several other MLAs.

The court directed the Vice President to decide the schedule and timeline of the hearing.

It also said that if the court is not satisfied with the timeline set by the Speaker, it can direct a decision to be taken within two months. These comments were made by a three-member bench headed by Chief Justice DY Chandrachud on Friday during the hearing of petitions filed by the Uddhav Thackeray faction. The Uddhav faction has requested the Supreme Court to direct the Maharashtra Assembly Speaker to dispose of the pending disqualification petitions.

Senior lawyers Kapil Sibal and Abhishek Manu Singhvi, appearing for the Uddhav faction, said that the Speaker has set a year-long time schedule for hearing the petitions. Sibal said, this is not a civil court, in which such a long process of evidence etc. is adopted. The court should direct the speaker to hear the petitions quickly.

Solicitor General Tushar Mehta appeared on behalf of the Maharashtra Assembly Speaker. The bench said that last time a time schedule was asked from him with the thought that he would show some understanding and would not delay the hearing indefinitely. He should show that he is taking the matter seriously. Under the 10th Schedule, the Speaker acts like a tribunal. The Solicitor General said that the court should also keep in mind that we are talking about a constitutional institution here.

Can daily accounts be taken from them? The bench said that by functioning as a tribunal, they come under the jurisdiction of the court. The CJI said that he had issued a notice in this matter on July 14. Then ordered in September. Then asked to prepare the schedule and give it but we are seeing that nothing has been done. The court is thinking of directing them to take a decision in two months.

Senior advocate Mukul Rohatgi, appearing for the Shinde faction, opposed the court giving any such order to the Speaker. The court postponed the hearing of the case till Tuesday, giving time to give instructions from the Speaker. Apart from this, the hearing of the case demanding early hearing on the disqualification petitions filed by Sharad Pawar faction against Ajit Pawar faction in NCP was also postponed till Tuesday.

On the rebuke of the Supreme Court regarding the decision on the disqualification petitions of MLAs in Maharashtra, Assembly Speaker Rahul Narvekar has said that I will not give the decision from the election point of view. Whatever decision I take, I will take it as per the rules of the Legislature. Cannot alter the rules of the Legislature to give a hasty decision. I will give the decision as per the rules of the Constitution.

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