Sena MLAs' disqualification row: SC grants Maharashtra Speaker final chance to decide pleas on time

The Supreme Court on Tuesday granted one final opportunity to Maharashtra Assembly Speaker Rahul Narwekar to fix a "realistic" time schedule to decide multiple disqualification petitions filed with regard to Shiv Sena MLAs, including one against Chief Minister Eknath Shinde.

"Let there be some light at the end of the tunnel," a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said, expressing its displeasure with the delay.

The court noted, of all, one set of disqualification petitions has been pending since June 2022 and the very purpose of the Tenth Schedule (anti-defection law) can't be defeated.

The court fixed the matter, related to petitions filed by Uddhav Thackeray's Shiv Sena and NCP's Jayant Patil, for consideration on October 30.

The court allowed a plea by Solicitor General Tushar Mehta, appearing for the Speaker, that he would personally engage with the Presiding Officer during the Dusshera break to affirm a set of modalities.

During the hearing, Mehta said he needs some more time to come up with a realistic deadline as far as deciding the disqualification petition is concerned.

The bench asked him when he is deciding the disqualification petitions.

"We are not deciding on what happens on the floor of the House, there we will not interfere... he has to decide, meanwhile he is giving interviews that we are a co-equal branch of the government (sic)," the bench said.

Observing that the Speaker's enquiry is a limited one, the bench asked Mehta to give the court a realistic timeline, saying otherwise it would fix one.

The court suggested that the Speaker sit with all parties and sort out a schedule.

Mehta submitted that there are several applications filed. The Chief Justice said the earliest petitions are from between June and July 2022, and the second batch was filed between July and September 2023. Another set was filed in July this year.

The Chief Justice said these are summary proceedings and these are not proceedings before the Election Commission of India, where evidence has to be filed to decide which party has which symbol and the Speaker has to show the schedule on disposal.

The bench said the court is not satisfied with the time schedule provided to decide the disqualification petitions, as its Constitution bench decision to decide the matter within a reasonable time was passed in May, this year.

A plea wad filed by the Uddhav Thackeray faction for a direction to the Speaker to decide the matter expeditiously. A separate petition was filed by Jayant Patil, a member of Sharad Pawar faction of the Nationalist Congress Party seeking the disqualification of rebel MLAs led by Ajit Pawar for joining the Eknath Shinde government.