Chief Justice of India DY Chandrachud on Friday told Maharashtra Assembly Speaker Rahul Narwekar to lay down a time schedule to decide the disqualification petitions pending before him, failing which, the top court will have to fix a time limit, reports The Indian Express.
“Somebody has to advise the Speaker. He can’t defeat the orders of the Supreme Court like this. What kind of time schedule is he prescribing? He has to sit down, hear the matter. This is a summary procedure. Last time we thought that better sense will prevail and therefore we directed the Speaker to lay down a schedule,” the CJI said, presiding over a three-judge bench, also comprising Justices J B Pardiwala and Manoj Misra.
“Now the idea of the schedule should not be to indefinitely defer the hearing because then their apprehension is correct,” he added.
The CJI told Solicitor General Tushar Mehta who appeared for the Speaker, “I think you must appraise the Speaker of the facts. We are giving an opportunity. If we don’t find that a proper time schedule is set out, we will issue a peremptory order fixing a time schedule. I am concerned. Our order is not being implemented which is a matter of concern.”
The court was hearing applications filed by Shiv Sena (UBT) group against the alleged delay in deciding petitions seeking disqualification of MLAs of the Eknath Shinde camp.
The apex court had on September 18 directed the Maharashtra assembly speaker to spell out the timeline for adjudication of the disqualification petitions against Shinde and other MLAs.
Appearing for the petitioners, senior advocates Kapil Sibal and A M Singhvi pointed out that as per the Speaker’s time schedule, “cross examination shall commence on November 23 and further date shall be given as per date convenient to parties and their counsel. As far as possible, cross examination shall be allowed twice a week. After completion of two weeks from recording of evidence, it shall be listed for final hearing.”
Sibal told the bench that as the Assembly elections are due next year, what is happening is “farce”.
Appearing for the Speaker, Mehta said that the Speaker is upholding principles of natural justice by stating that it is necessary to give opportunity to parties to lead evidence in the interest of justice and to avoid any miscarriage of justice.
“That’s not the point. We are not going to say how he should decide but he must give the impression that he has taken up the matter seriously. All this time since June, what has happened in this matter, nothing, no action. And when the matter is coming up before this court, some hearing is taking place. You should not make it into a charade. You have to have proper hearing before the Speaker. He must hear it day to day and complete the hearing. He can’t say I will hear twice a week and then after November I will decide when to have the final hearing,” said the CJI, as quoted by IE.
Referring to the court’s earlier orders of issuing notices and seeking a timeline for adjudication of the petitions, the CJI said the apex court was concerned about its instructions not being followed by the Speaker.
“I am concerned about maintaining the dignity of our court,” the CJI said.
In July, 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 Speaker Rahul Narwekar is deliberately delaying the adjudication despite the verdict of the apex court.
Later, a separate plea was filed by the Sharad Pawar faction of the Nationalist Congress Party (NCP) for a direction to the assembly speaker to expeditiously decide the disqualification petitions against deputy chief minister Ajit Pawar and party MLAs loyal to him.