38.6c New Delhi, India, Thursday, May 23, 2024
Judiciary

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

By LAWSTREET NEWS NETWORK      18 October, 2023 11:31 AM      0 Comments
Disqualification pleas Supreme Court grants final opportunity to Maha Speaker to fix time schedule

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]



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

TRENDING NEWS

no-interim-relief-to-forest-essentials-in-trademark-fight-against-baby-forest-in-delhi-hc
Trending Business
No interim relief to Forest Essentials in trademark fight against Baby Forest in Delhi HC

Delhi HC denies interim relief to Forest Essentials in trademark case against Baby Forest, citing "forest" as generic. Next hearing on July 10.

22 May, 2024 11:35 AM
singapore-airlines-flight-sq321-from-london-to-singapore-drops-6000-ft-within-minutes-1-dead-several-injured
Trending Business
Singapore Airlines flight SQ321 from London to Singapore drops 6000 ft within minutes, 1 dead, several injured

Singapore Airlines flight SQ321 from London to Singapore suffers 1 fatality after air dropping 6000 ft due to severe turbulence.

22 May, 2024 11:53 AM

TOP STORIES

ed-to-seek-court-nod-for-custody-of-accused-if-not-arrested-till-cognisance-of-complaint-sc
Trending Judiciary
ED to seek court nod for custody of accused, if not arrested till cognisance of complaint: SC [Read Judgment]

The Supreme Court ruled that the Enforcement Directorate must seek court approval for custody of an accused if not arrested before the court takes cognizance of a complaint.

17 May, 2024 01:38 PM
fundamental-right-to-health-includes-consumers-right-to-be-made-aware-of-quality-of-products-sc
Trending Judiciary
Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

Right to health includes consumers' right to know product quality. Advertisers must submit self-declarations for ads to ensure transparency and accountability: SC

17 May, 2024 01:43 PM
sc-asks-ed-to-file-response-to-sorens-plea-for-interim-on-may-20
Trending Judiciary
SC asks ED to file response to Soren's plea for interim on May 20

SC asks ED to file a response by May 20 to Hemant Soren's plea for interim bail during Lok Sabha elections, with a hearing scheduled for May 21.

17 May, 2024 06:12 PM
sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email