"Supreme Court Seeks Maharashtra Speaker's Response on Expediting Disqualification Petitions Against Shiv Sena MLAs"
The Supreme Court has taken action on a plea requesting the speedy resolution of disqualification petitions against Members of Legislative Assembly (MLAs) from both factions of the Shiv Sena party. In the case of Sunil Prabhu v. The Speaker, Maharashtra State Legislative Assembly, a Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra issued notice returnable in two weeks to the speaker of the Maharashtra legislative assembly.
Sunil Prabhu, an MLA from the Uddhav Thackeray faction, filed the plea, pointing out that the Supreme Court had earlier directed the Speaker to promptly decide on the pending disqualification petitions. However, no action has been taken so far. The plea emphasizes that the constitutional requirement of fairness necessitates a swift resolution of the disqualification matter.
Prabhu further argues that the Speaker's delay in deciding the disqualification proceedings is a serious constitutional breach. The Supreme Court's previous judgment on May 11 stemmed from the Shiv Sena party's split into two factions, with Eknath Shinde replacing Uddhav Thackeray as the Chief Minister of Maharashtra in June 2022.
Following the split, rebel MLAs of the Shinde faction were issued disqualification notices for defying the party whip during the State's Member of Legislative Council (MLC) elections. The Supreme Court intervened to consider whether the rebel members should be disqualified. On June 27, 2022, the Court provided interim relief to Shinde and his rebel group by extending the deadline to respond to the disqualification notices. Subsequently, on June 29, 2022, the Court allowed a floor test, leading to the downfall of the Thackeray government and Shinde assuming the role of Chief Minister with BJP's support.
Nearly a year later, a Constitution Bench headed by CJI DY Chandrachud concluded that Governor Bhagat Singh Koshyari's decision to call for a floor test based on the request of 34 MLAs from the Shinde faction was incorrect. The Court stated that Koshyari lacked sufficient objective material to determine that Uddhav Thackeray had lost the confidence of the house. Although the status quo could not be restored since Thackeray had resigned without facing the floor test, the Court directed the Speaker, Rahul Narwekar, to decide on the pending disqualification petitions against MLAs from both factions of the Shiv Sena.
TAGS: Supreme Court Maharashtra Speaker notice plea quick disposal disqualification petitions Shiv Sena MLAs
