MLAs Disqualification Row: SC to Hear Thackeray and Sharad Pawar Faction Pleas on Oct 30

The Supreme Court is scheduled to hear on October 30 pleas filed by the Uddhav Thackeray faction of the Shiv Sena and the Sharad Pawar bloc of the Nationalist Congress Party (NCP).

These pleas seek a directive from the Maharashtra assembly speaker to promptly resolve disqualification petitions against certain MLAs.

A bench led by Chief Justice DY Chandrachud is scheduled to consider two separate pleas submitted by both factions. The Supreme Court is reopening after a week-long Dussehra holiday.

On October 17, the top court granted assembly Speaker Rahul Narwekar a final opportunity to provide a realistic timeframe for deciding the cross-petitions filed by the rival factions of the Shiv Sena, who are seeking the disqualification of each other’s MLAs following a party split.

In its order, the bench noted, “The narration of facts indicates that the first batch of petitions is pending since June and July 2022. The judgment of the Constitution Bench was delivered on May 11, 2023. The disqualification petitions have to be adjudicated upon with all expeditiousness. Otherwise, the very purpose of the tenth schedule shall stand defeated.”

The top court expressed dissatisfaction with the time schedule presented by the Speaker, stating, “The time schedule as proposed will not result in a foreseeable conclusion of the disqualification petitions at a reasonably early date.”

The order also noted a statement by Solicitor General Tushar Mehta, indicating that during the Dussehra break, he will personally work with the Speaker to establish a firm set of modalities to ensure the prompt conclusion of the disqualification petitions.

The top court further stated, “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 Supreme Court had previously criticized the Speaker for the delay in deciding the pleas filed by the Uddhav Thackeray faction for the disqualification of Chief Minister Eknath Shinde and several MLAs loyal to him. The court emphasized that the Speaker cannot thwart the orders of the top court. Similar disqualification petitions have been filed by the Shinde bloc against lawmakers loyal to Thackeray.

On September 18, the bench had directed the Speaker to outline a timetable for the adjudication of the disqualification petitions against Shinde and Shiv Sena MLAs who had aligned with the BJP to form a new government in June 2022. The court asked the Solicitor General to inform the bench of the time schedule to be established by the Speaker for deciding the pleas for disqualification of 56 MLAs, including lawmakers from the Shinde faction.

The Thackeray faction had approached the apex court in July, seeking a directive to the state assembly speaker to expeditiously adjudicate the disqualification petitions in a time-bound manner.

The plea by Shiv Sena (Uddhav Balasaheb Thackeray) MLA Sunil Prabhu, who, as the chief whip of the undivided Shiv Sena, had filed the disqualification petitions against Shinde and other MLAs in 2022, alleged that Speaker Rahul Narwekar is deliberately delaying the adjudication despite the verdict of the apex court.

Subsequently, a separate plea was filed by the Sharad Pawar faction of the Nationalist Congress Party (NCP), requesting a directive to the assembly speaker to promptly decide the disqualification petitions against Deputy Chief Minister Ajit Pawar and party MLAs loyal to him.