SC gives Maharashtra Speaker a week to open disqualification proceedings against CM Shinde and other MLAs
The Hindu
Supreme Court directs Maharashtra Speaker to start disqualification proceedings against CM Shinde and other MLAs within a week; notes Speaker must show "deference & dignity" to SC's direction
The Supreme Court on Monday (September 18) gave Maharashtra Assembly Speaker Rahul Narwekar a week’s time to open disqualification proceedings against Chief Minister Eknath Shinde and other MLAs accused of defection.
A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud said four months have passed since the Speaker was entrusted the task by a Constitution Bench on May 11. The proceedings had hardly moved all this time.
The court had expected the Maharashtra Speaker to show “deference and dignity” to the court’s direction that he should decide the disqualification petitions within a “reasonable time”.
In its order on Monday, the court directed the Speaker to list the disqualification petitions no later than a week, ensure the case record is ready and chalk out a time schedule for the completion of the hearing and pronouncement of his decision.
“The order of the Supreme Court requires the Speaker to decide the disqualification petitions within a reasonable period. While this court is cognisant of a need to ensure a sense of comity between the Speaker, who is the head of the Legislature Assembly, we would equally expect deference and dignity to be shown to the direction which have been issued by the Supreme Court in exercise of its constitutional power of judicial review,” a three-judge Bench headed by Chief Justice of India D.Y. Chandrachud said in the order.
The court listed the case after two weeks. Solicitor General Tushar Mehta, appearing for the Speaker, was directed to produce in court the time schedule.
On May 11, a five-judge Bench had directed the Maharashtra Speaker, in his capacity as tribunal under the Tenth Schedule (anti-defection law) of the Constitution, to hear and decide the disqualification petitions within a “reasonable time”.
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