'Not Doing His Job': SC's Ultimatum To Maharashtra Speaker On Shiv Sena Member's Disqualification Pleas

The Supreme Court has granted what it refers to as a "final opportunity" to the Speaker of the Maharashtra Legislative Assembly to establish a suitable schedule for the expedited hearing of disqualification petitions related to the ongoing turmoil within the Shiv Sena and the Nationalist Congress Party (NCP) on Tuesday, 17th October.

In the previous hearing, the court had reprimanded the Speaker for proposing an extensive timetable for the Shiv Sena cases and had requested the Speaker to provide a more appropriate estimate for the petition hearings. The bench, consisting of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, expressed their dissatisfaction with the initially proposed schedule, believing it would not lead to a timely resolution of the disqualification proceedings.

The case involved writ petitions filed by Sunil Prabhu, a member of Shiv Sena (Uddhav Thackeray), and Jayant Patil, a member of NCP (Sharad Pawar), who sought a swift decision from the Speaker regarding the disqualification petitions filed against the Eknath Shinde and Ajit Pawar factions, respectively.

During the proceedings, Solicitor General Tushar Mehta expressed reservations about providing a time estimate to the court that day and requested additional time specifically stating to "have it after the 28th".

The CJI appeared disinclined to grant an extension, emphasizing the Speaker's responsibility to make prompt decisions. The CJI cited the Speaker's interviews in which he referred to the co-equal branches of government and the Supreme Court's supremacy in its own domain. The CJI reiterated that the Speaker was not fulfilling his duties and that he was subject to the court's jurisdiction in disqualification proceedings.

"He has to decide Mr SG. And he goes on to give interviews that we are a co-equal branch of the government, the Supreme Court is supreme in its own way. He has been giving interviews. He is not doing his job. He is amenable to the jurisdiction of this court. We are not controlling what is happening on the floor of the house- there, the house is absolutely supreme. But hearing a disqualification proceedings - he is a tribunal. He is amenable to the court's jurisdiction", said the CJI as quoted by Live Law.

SG Mehta clarified that he was unaware of any such interviews and expressed his regrets if such statements were made unintentionally. He also requested additional time to engage in a "one-on-one dialogue" with the Speaker, particularly since some of the petitions were filed recently.

Senior Advocate Kapil Sibal, representing the petitioners, argued that the Speaker had been delaying the proceedings for an extended period. He pointed out that the disqualification petitions from the Uddhav group were filed in July of the previous year, and he referred to a previous court judgment by Justice Nariman in 2020, stating that decisions should be reached within three months.

The CJI emphasized the need for a clear time-frame and actions to expedite the proceedings. SG Mehta indicated his willingness to coordinate with the Speaker during the Dussehra holidays.

Considering these discussions, the CJI issued an order emphasizing the urgency of adjudicating the disqualification petitions, as a lengthy delay would undermine the purpose of the 10th schedule. The court expressed dissatisfaction with the previously proposed schedule, believing it wouldn't lead to an immediate or foreseeable conclusion in the disqualification proceedings. The SG assured the court that he would work with the Speaker to establish a realistic timetable for the disposal of the disqualification petitions.

The order passed by CJI noted, "The disqualification petitions have to be adjudicated upon with expeditiously otherwise the very purpose of the 10th schedule will stand defeated. We are not satisfied with the time schedule which has been indicated before this court since adhering to that time schedule will not result in any immediate or foreseeable conclusion in the disqualification proceedings. Mr Tushar Mehta, SG has apprised that during Dusshera breaks, he would personally engage with the Speaker so as to indicate a firm set of modalities to ensure the conclusion of the hearing of the election petitions. Before this court issues directions setting out the time schedule for compliance, we are of the view that a final opportunity should be granted to prescribe a realistic time schedule for the disposal of the disqualification petitions."

The matter is now scheduled for October 30, 2023, immediately after the court reopens following the break.