The Shiv Sena (Uddhav Balasaheb Thackeray) party MLA Sunil Prabhu on Tuesday moved the Supreme Court, seeking a direction to Maharashtra Legislative Assembly Speaker to take expeditious decision on the disqualification petitions pending with him for the unseating of the Sena MLAs who along with the Chief Minister Eknath Shinde had defied the Shiv Sena and split the legislature party.
In a brazen disregard to his constitutional duties as a neutral arbiter, the petition by Sunil Prabhu says that the Speaker has deliberately chosen to delay the adjudications of the disqualification petitions, thereby, permitting the illegal continuance of Eknath Shinde as Chief Minister, against whom and MLAs backing him the disqualification petition s are pending for almost a year.
The petition says that the Speaker’s inaction in deciding the disqualification proceedings is an “act of grave constitutional impropriety” as his inaction is allowing MLAs who are liable to be disqualified to continue in the assembly and to hold responsible positions in the government of Maharashtra including that of the Chief Minister.
Stating that the petitions seeking disqualification of delinquent MLAs are pending for over a year, the petitioner Sunil Prabhu has sought direction to the Speaker to decide them within a time-bound manner.
Sunil Prabhu has contended that the delinquent MLAs have committed “brazenly unconstitutional acts” which per se invite disqualification under Paras 2(1)(a), 2(1)(b), and 2(2) of the Tenth Schedule.
The petition by Sunil Prabhu states “It is settled law that the Speaker while performing its functions under Para 6 of the Tenth Schedule, acts as a judicial tribunal, and is required to act in a fair and unbiased manner. The constitutional requirement of fairness enjoins upon the Speaker the obligation to decide the question of disqualification in an expeditious manner. Any unreasonable delay on the part of the Speaker in deciding the petitions for disqualification contributes to and perpetuates the constitutional sin of defection committed by the delinquent members.”
Referring to May 11, 2023, constitution bench judgment relating to Shiv Sena centric Maharashtra political crisis which had asked the Speaker to decide disqualification petitions in a reasonable period, Sunil Prabhu has said that the Speaker has taken no steps in that regard. He said that he has already submitted three representations on this score to the Speaker, but to no avail.
The disqualification petitions against the rebel MLAs were filed by Sunil Prabhu, the Shiv Sena Whip, on June 23, 2022, after MLAs rebelled against Thackeray. The notices of disqualification were issued by Deputy Speaker Narhari Zirwal in the absence of the Speaker.
On May 11, a five-judge constitution bench had said that it cannot ordinarily decide on disqualification petitions and had directed that the “Speaker must decide disqualification petitions within a reasonable period.”