The Supreme Court on Friday issued notice to Maharashtra Assembly Speaker Rahul Narwekar in a petition filed by Uddhav Thackeray loyalists accusing him of deliberately delaying the disqualification proceedings pending against Chief Minister Eknath Shinde for defection.
Appearing before a three-judge Bench headed by Chief Justice of India D.Y. Chandrachud, senior advocate Devadutt Kamat, for Shiv Sena (UBT) leader Sunil Prabhu, said the Speaker had quickly issued notices after learning that the petition was filed in the apex court.
“We will issue notice. We will hear this after two weeks,” Chief Justice Chandrachud addressed Mr. Kamat.
The petition, which was filed in the top court amidst the churn in Maharashtra politics following Ajit Pawar’s split from NCP to join the Shinde cabinet as Deputy Chief Minister, said Speakers should “rise above their political affiliations” while performing the duties of the office.
It said Mr. Narwekar’s conduct had been in “brazen disregard” of his constitutional duties as a neutral arbiter under the Tenth Schedule (anti-defection law) of the Constitution.
“It is imperative for this court to direct the Speaker to decide the disqualification petitions filed by the petitioner against delinquent members of the Maharashtra Legislative Assembly expeditiously and within a time-bound manner, or, alternatively, to decide the disqualification petitions itself,” the 406-page petition by Mr. Prabhu urged.
The Thackeray loyalists referred to the apex court’s own 2020 judgment in Keisham Meghachandra Singh V. Manipur Legislative Assembly, which had laid down that disqualification petitions under the Tenth Schedule should normally be decided within a period of three months from the date of their filing.
The petition said Mr. Narwekar’s inaction amounted to bias as it effectively permits Mr. Shinde’s illegal continuance in office when disqualification proceedings for defection are hanging over him. The Speaker’s conduct should be “perceptibly impartial” while exercising the powers of constitutional adjudication under the Tenth Schedule.
Mr. Prabhu, also represented by advocates Amit Anand Tiwari and Nishant Patil, said the Supreme Court, in its May 11 judgment on the Thackeray-Shinde battle for control over Shiv Sena, had placed its trust in Mr. Narwekar to impartially hear and decide the anti-defection proceedings against the Mr. Shinde camp.
“The Speaker is the appropriate authority to adjudicate petitions for disqualification under the Tenth Schedule (anti-defection law)... The Speaker embodies propriety and impartiality and that it was therefore inappropriate to express distrust in the office of the Speaker,” the judgment had observed.
However, Mr. Prabhu said three months have passed since the judgment and Mr. Narwekar has not called for even a single hearing despite repeated representations to do so.
“It is settled law that the Speaker, while performing its functions under 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,” the petition said.
Noting that the Speaker’s office under the Tenth Schedule was that of a judicial tribunal, the petition said Mr. Narwekar’s inertia was “an act of grave constitutional impropriety”.
“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,” the petition said.
