The Supreme Court on Friday extended till 10 January, 2024, the time for the Maharashtra assembly Speaker Rahul Narwekar to give verdict on petitions seeking disqualification of 34 rebel Shiv Sena MLAs, including Chief Minister Eknath Shinde, as the court was informed that the hearing on the disqualification petitions would conclude on December 20 and the orders will be reserved.
A bench comprising Chief Justice D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra extended time till January 10, 2024, for the Speaker to decide the disqualification petitions as Solicitor General Tushar Mehta told the bench that the proceedings in the matter would be closed on December 20, 2023.
Solicitor General Mehta further told the bench that the material before the Speaker runs into 2.71 lakh pages and Narwekar would close the proceedings on December 20 and reserve the order. Solicitor General appearing for Speaker Narwekar sought additional time stating that the Speaker would need it to examine such a large volume of documents/material.
“The Speaker has said that on December 20 the judgement would be reserved and no further time would be taken. Hearings took place even during the Assembly Session. There are 2 lakh 71 thousand pages. I am seeking an extension by three weeks for the pronouncement of judgment. We won’t ask for more time,” the Solicitor General told the bench.
Granting extension of time, the bench in its order said, “The Speaker has indicated that the proceedings will be closed on December 20. The Speaker has sought a reasonable extension of time. Bearing in mind the time limit laid out earlier, we grant extension of time till January 10, 2024 for the Speaker to deliver judgment.”
However, the extension of time was opposed by senior advocate Kapil Sibal. Appealing for the Uddhav Thackeray group of Shiv Sena, Sibal told the bench that even last time Speaker Narwekar had asked for a similar extension of time.
In the last hearing of the matter on October 30, 2023, the top court had directed the Speaker Narwekar to decide the disqualification petitions in respect of Shiv sena MLAs by 31 December, 2023.
Besides directing the Speaker to decide on the fate of rebel Shiv Sena MLAs led by Chief Minister Eknath Shinde, the bench had also directed the Speaker to decide by 31 January, 2024, disqualification petitions by the Sharad Pawar faction of the Nationalist Congress Party (NCP) seeking unseating of rebel MLAs led by Deputy Chief Minister Ajit Pawar.
The top court had on 30 October set 31 December deadline in case of Shiv Sena MLAs, rejecting Speaker Narwekar’s proposal that he could conclude proceedings on cross disqualification petitions filed by Shiv Sena factions by 29 February, 2024.
Expressing concern over the delay in the adjudication of the petitions seeking disqualification of Chief Minister Eknath Shinde and Shiv Sena MLAs supporting him, on October 30, Chief Justice Chandrachud had said, “We are concerned that the sanctity of the Tenth Schedule is maintained. Otherwise, we are throwing these provisions to the wind.”
The CJI had pointed out that the Constitution bench’s judgment in the Shiv Sena case was delivered in May this year and the incidents (Shiv sena feud) took place in July 2022.
The Supreme Court is seized of a plea by the Uddhav Thackeray-led Shiv Sena that had sought direction to the Speaker to take expeditious decision on the disqualification petitions pending against rebel Sena MLAs led by Eknath Shinde. The plea was filed by MLA Sunil Prabhu of Uddhav Thackeray’s group of Shiv Sena.
Both the Uddhav Thackeray group and the Sharad Pawar-led Nationalist Congress Party have sought an expeditious decision by the Speaker on the disqualification petitions against their respective rebel lawmakers in the Maharashtra assembly.
In the hearing of the matter on 13 October, 2023, while expressing its deep concern, the Supreme Court had deprecated Narwekar for not implementing its 11 May, 2023, order, directing him to decide within a “reasonable period of time” the petitions seeking the disqualification of rebel Shiv Sena MLAs, including Chief Minister Eknath Shinde.
Chief Justice Chandrachud had said, “We are concerned about maintaining the dignity of this court. Our orders must be complied with,” the Chief Justice said emphasising that “The procedure which is prescribed has to be given an impression that there is a serious consideration of what is happening.”
In the hearing on 18 September, while expressing strong displeasure over the manner in which the Speaker has not acted in the last four months since 11 May, 2023, the Constitution bench of the top court had given Narwekar two weeks’ time to apprise it (the court) on the time frame for completing the record and deciding the disqualification petitions against the rebel MLAs pending before him for long.
The top court had said that “It cannot go on indefinitely. We will hear it after two weeks, let him tell us after two weeks on the steps he has taken and give the time frame to decide the matter.”
The disqualification pleas have been pending since the Maharashtra political crises started in June last year.
The disqualification petitions against the rebel MLAs were filed by Sunil Prabhu, the Shiv Sena party Whip appointed by Uddhav Thackeray, on June 23, 2022, after the MLAs revolted against Thackeray. The disqualification notices were issued by Deputy Speaker Narhari Zirwal in the absence of the Speaker.
On 11 May, a five-judge Constitution bench had held that it could not disqualify the Eknath Shinde-led Maharashtra government and reinstate Uddhav Thackeray as the Chief Minister because the latter had chosen to resign instead of facing a test of strength in the Assembly.