Decide disqualification pleas of Sena MLAs by December 31, NCP's by January 31: Top court to Maharashtra Speaker

Observing that "procedural wranglings" cannot be allowed to cause delay, the Supreme Court on Monday directed the Speaker of the Maharashtra assembly to decide on disqualification proceedings pending against MLAs belonging to chief minister Eknath Shinde-led faction of Shiv Sena by December 31.

As regards the disqualification petitions pertaining to NCP MLAs, the court asked the Speaker to decide the same by January 31. The directions were passed by a bench headed by Chief Justice of India DY Chandrachud.

Before setting out the deadlines, the SC held that it had "repeatedly furnished opportunities" to the Speaker to decide the disqualification pleas "expeditiously". The CJI verbally observed that the "sanctity of the 10th Schedule" needs "to be maintained", otherwise everything will be "thrown to the wind".


Before giving directions, the CJI observed procedural wranglings cannot be allowed to delay the decision of the disqualification pleas. The bench observed that the Maharashtra elections are slated to be held next year and "it seems to be the idea" to delay the decision of the disqualification pleas.

Before passing the order, the SC asked solicitor general Tushar Mehta, appearing on behalf of the Speaker, to give a "firm date" for a decision on the pleas. An affidavit was filed by Maharashtra legislative secretariat stating that due to Diwali vacations and winter session of the assembly, the proceedings under the 10th schedule would be decided by February 29, 2024.