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'Last Chance': SC Slams Maharashtra Speaker For Delay In Deciding On Shiv Sena MLA Disqualification Pleas

A three-member bench, led by Chief Justice DY Chandrachud, said the disqualification petitions have to be adjudicated expeditiously.

New Delhi: The Supreme Court on Tuesday granted Maharashtra assembly Speaker Rahul Narwekar a final opportunity to provide a realistic timeline for deciding on the cross-petitions filed by the rival factions of the Shiv Sena. The petitions, notably, seek the disqualification of each other's MLAs following a split in the party.

A three-member bench, led by Chief Justice DY Chandrachud, said the disqualification petitions have to be adjudicated expeditiously.

Solicitor General Tushar Mehta, representing Speaker Rahul Narwekar, told the court that he would personally engage with the speaker during the Dussehra vacation and indicate a firm set of modalities.

"We are not satisfied with the time schedule. SG has apprised that during Dussehra breaks he would personally engage with the speaker so as to indicate a firm set of modalities," the bench, also comprising Justices JB Pardiwala and Manoj Misra, said while posting the matter for hearing on October 30.

Earlier on October 13, the apex court had criticized the speaker over the delay in deciding the pleas filed by the Uddhav Thackeray faction for the disqualification of Chief Minister Eknath Shinde and several MLAs loyal to him. It had said that the speaker cannot defeat the orders of the top court.

The Shinde bloc has also filed similar disqualification petitions against lawmakers owing allegiance to Thackeray.

A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra asked Solicitor General Tushar Mehta to apprise it about the timeline for deciding the petitions on Tuesday, saying it will pass a “peremptory order” if it is not satisfied.

“Somebody has to advise the (assembly) speaker. He cannot defeat the orders of the Supreme Court. What kind of time schedule he is prescribing?...This (disqualification proceedings) is a summary procedure. Last time, we thought, better sense will prevail and had asked him to lay down a time schedule...,” the bench had said.

On September 18, the top court directed the speaker to spell out the timeline for adjudication of the petitions. 

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