Disqualification pleas: Supreme Court grants final opportunity to Maha Speaker to fix time schedule [Read Order]

NEW DELHI: 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 against Chief Minister Eknath Shinde and others, and Deputy Chief Minister Ajit Pawar and others.

"The disqualification petitions have to be adjudicated upon with all expedition. Otherwise very purpose of the Tenth Schedule shall stand defeated," a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra stressed.

The court once again expressed its displeasure with the delay by the Speaker, who has to act as tribunal under the anti defection law to adjudicate upon the matter.

"Before this court issues peremptory directions for compliance with a time schedule for disposal, we grant a final opportunity to prescribe a realistic time schedule for the disposal of the disqualification petitions, particularly, in view of the assurance which has been given to the Court by the Solicitor General," the bench said.

The court noted, of all, one set of disqualification petitions is pending since June 23, 2022 and the very purpose of 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 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 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," the bench said.  

Maintaining that the Speaker's enquiry is a limited one, the bench asked Mehta to give the court a realistic timeline, otherwise the court will fix a timeline.

The court suggested let the Speaker sit with all parties and sort out a schedule, and let there be some light at the end of the tunnel.

Mehta submitted that there are several applications filed. The Chief Justice said the earliest petitions are between June and July 2022, and the second batch is 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 Election Commission of India where evidence has to be filed to decide which party has which symbol and the Speaker has to show 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.

"We are not satisfied with the time schedule which has been indicated before this Court previously. The time schedule as proposed will not result in a foreseeable conclusion of the disqualification petitions at a reasonably early date," the bench said.

A plea was 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, member of Sharad Pawar faction of the Nationalist Congress Party seeking disqualification of rebel MLAs led by Ajit Pawar for joining the Eknath Shinde government.

[Read Order]