Manas Dasgupta
NEW DELHI, July 4: Amidst the murky political situation in Maharashtra with the future of yet another party resting on the shoulders of the speaker Rahul Narwekar, the Uddhav Thackeray camp on Tuesday filed a petition in the Supreme Court accusing the speaker of deliberately delaying the proceedings for the disqualification of the “defecting” Shiv Sena members.
The 406-page petition filed by Shiv Sena (UBT) leader Sunil Prabhu said the Speakers should “rise above their political affiliations” while performing the duties of the office and take impartial decisions and within the time frame on the constitutional issues like disqualification of elected members.
The Thackeray faction said Narwekar’s conduct has 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 Thackeray loyalists referred to the apex court’s own 2020 judgment in 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 Narwekar’s inaction amounts to bias as it effectively permits Eknath Shinde’s illegal continuance in office as the chief minister 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.
Prabhu, 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 Narwekar to impartially hear and decide the anti-defection proceedings against the 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, Prabhu said three months have passed since the judgment and 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 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.
The decision of the speaker was keenly awaited by all the parties as it could change the fortunes of many. It is believed that the Ajit Pawar faction of the Nationalist Congress Party was invited by the BJP to join the Shinde-Fadnavis government on anticipation that the speaker might be compelled to decide the petition in favour of the Thackeray faction and disqualify the 16 Sena MLAs including the chief minister.
