Maharashtra speaker gets 'final opportunity' from Supreme Court on MLAs' disqualification

The Supreme Court on Tuesday gave a "final opportunity" to the Maharashtra assembly Speaker to set out a "realistic timeline" to decide on disqualification proceedings pending against MLAs belonging to chief minister Eknath Shinde-led faction of Shiv Sena.

A bench headed by Chief Justice of India DY Chandrachud minced no words in expressing its dissatisfaction over the delay by the Speaker in setting out a timeline to decide on the disqualification pleas.

The bench granted the final opportunity after Solicitor General Tushar Mehta, appearing on behalf of the speaker, informed the SC that it would not be "realistic" for him to give a timeline today. He urged the court to grant him time till October 28 so that he can personally engage with the Speaker and apprise the bench of the time frame.

Granting the request, the SC listed the matter for resumed hearing on October 30. The court has made it clear that if by the said date the Speaker fails to furnish a "realistic timeline" indicating the "set of modalities" for conclusion of hearing, the bench will fix a time frame for the Speaker to decide the disqualification pleas.

At the last hearing, the SC had asked the Speaker to furnish the said timeline by today. During the resumed hearing of the case on Tuesday, the CJI, speaking for the bench, verbally remarked that the Speaker "has to decide" the pleas and cannot simply "rotate" the matter.

The CJI orally remarked the inquiry before the Speaker "is not an inquiry before the election commission. This is a summary procedure... the Speakers' inquiry is a limited inquiry".

The CJI further verbally questioned the solicitor general as to why the "Speaker cannot call all the parties next week". The SC remarked "let the Speaker sit down with all the parties and set out a comprehensive time schedule".

The CJI added that the "Tenth Schedule is being completely defeated if the Speaker does not decide" the disqualification pleas. Reiterating that the Speaker has to decide the matter within a time frame, the SC pointed out that (after the last hearing), the Speaker has given interviews that the judiciary is a co-equal branch of the government.

In a recent interview, the Speaker had said that the judiciary, executive and legislature are equal.

At the last hearing, the CJI had observed that it is a "matter of concern" that the order of the Supreme Court is not being implemented. The CJI had verbally observed and said the Speaker is "duty bound" to comply with the directions of the top court. The "dignity" of the court must be maintained, he had added.

Expressing strong dissatisfaction with the slow progress in the proceedings, the CJI at the last hearing had observed that the bench had in July issued notice on a plea filed by Uddhav Thackeray faction of the Shiv Sena seeking directions to the Speaker to set a schedule for deciding the disqualification pleas. In September, the bench passed an order "expecting" that the Speaker will set a deadline to decide the pleas.