The Supreme Court has issued a directive to Maharashtra Assembly Speaker Rahul Narwekar, instructing him to make a decision on disqualification petitions pending against rebel Shiv Sena legislators by December 31 of this year.
A three-judge bench, led by Chief Justice of India D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra, declined the Speaker’s request for an extension until February 29, 2024, to complete the hearings.
The bench firmly asserted, “We have repeatedly furnished opportunities to the Speaker and the tribunal, which is to conclude the proceedings under the 10th Schedule expeditiously.”
The court’s order elaborated on the proceedings, stating, “An affidavit has been filed by the Secretary of the Maharashtra Legislature Secretariat. The affidavit indicates that there are two groups of disqualification petitions: Group A, which consists of 34 petitions concerning the Shiv Sena party, and Group B, which deals with five petitions concerning the Nationalist Congress Party. The affidavit indicates that the Secretariat will be closed during the Diwali vacation from November 10-16, 2023, and the Winter Session of the Assembly at Nagpur would be held from December 7 to 20, 2023.”
Taking a firm stance on the matter, the court asserted, “We are clearly of the view that the procedural wrangling between contesting parties should not be permitted to delay the conclusion of the petitions for disqualification under the 10th Schedule. In this view of the matter, we direct that proceedings be concluded and a final order passed on or before December 31, 2023.”
Solicitor General Tushar Mehta, representing the Speaker, sought an extension until January 31 to decide on the Shiv Sena petitions. However, Justice Chandrachud emphasized the importance of upholding the sanctity of the 10th Schedule and ensuring that proceedings are completed by December 31.
Regarding petitions related to the rebellion within the Nationalist Congress Party, the court acknowledged the need for reasonable time and directed that these matters be decided by January 31, 2024.
