The Uddhav Thackeray faction of the Shiv Sena has moved the apex court against delay by the Maharashtra Assembly Speaker in deciding the disqualification proceedings filed against Chief Minister Eknath Shinde and his camp.
The petition alleged that Speaker Rahul Narwekar is delaying the adjudications of the disqualification plea to permit “the illegal continuance of Eknath Shinde as Chief Minister, against whom the disqualification petitions are pending”.
On May 11, a constitution bench of the Supreme Court had directed that the Maharashtra Assembly Speaker “must decide disqualification petitions in a reasonable time” against 16 Shiv Sena MLAs, including Shinde, who were accused of anti-party activities.
“Despite the categorical directions …..that the pending disqualification petitions must be decided within a reasonable period, (the Speaker) has chosen to not conduct a single hearing pursuant to the judgment of the Hon’ble Court,” stated the latest plea filed by the Shiv Sena-UBT leader Sunil Prabhu.
The petition said that the Speaker, when deciding the disqualification proceedings under the Tenth Schedule of the Constitution, acts as a judicial tribunal and must act fairly without any bias.
“The constitutional requirement of fairness enjoins upon the Speaker the obligation to decide the question of disqualification in an expeditious manner,” it said while referring to a previous judgment of the Supreme Court where it has been held that disqualification petitions should normally be decided within 90 days.
In its recent judgment around the Maharashtra political crisis, the top court had refused to reinstate Uddhav Thackery as the Chief Minister as he had tendered his resignation voluntarily before facing the floor test in the house. The five judges unanimously had held that that then Governor Bhagat Singh Koshyari was not justified in calling upon Thackeray to prove his majority, but said that it was justified to invite Eknath Shinde to form the government after the post of the Chief Minister felt vacant as Thackeray tendered resignation on June 29.
Declaring the decision taken by the Speaker to recognise Bharat Gogawale (from Shinde faction) as the Chief Whip of Shiv Sena in place of Prabhu as “contrary to law”, the CJI D.Y. Chandrachud-led constitution bench had held that the political party and not the legislature party appoints the Whip and the Leader of the party in the House.
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