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The office of Maharashtra Legislative Assembly Speaker Rahul Narwekar next week is likely to issue fresh notices to all MLAs from both the Shiv Sena for a hearing in petitions seeking disqualification of 54 MLAs from the two factions — led by Chief Minister Eknath Shinde and Uddhav Thackeray — in the state.
The development came after the Supreme Court directed the speaker to fix a time schedule for adjudicating these petitions within “no later than one week”.
“Narvekar will hold a fresh hearing early next week, and the speaker’s office is preparing a probable timeline for the hearings as well as the procedure to be followed in the disqualification process,” said a state legislature official, on the condition of anonymity.
Though the Supreme Court ruling in the disqualification procedure came as a setback for Narvekar, it was a relief to the Shiv Sena (UBT), which has been raising concerns that “Narvekar was deliberately delaying” to take a decision on the disqualification petitions in a bid to “help the Shinde-led Shiv Sena” indirectly.
With the SC’s exception during the procedure, while asking Narvekar to set down the timeline for expeditious disposal of the matter, the speaker is now in the process of drawing the schedule for the disqualification process and its reply on the same so far.
“Fresh notices will be issued to all the MLAs facing disqualification pleas and the timeline as well as the procedure, which has been set out, will be informed to all of them. We are also contemplating on issuing notices to the heads of both the Sena factions — led by CM Eknath Shinde and Sena (UBT) president Uddhav Thackeray — to present their side,” the official added.
Narvekar on September 14 held a hearing of all the MLAs at Vidhan Bhavan’s Central Hall in Mumbai, and directed both the Sena factions to exchange copies of their submission with each other within the next two days, while saying that a date for the next hearing would be announced at the earliest.
A three-judge bench, presided by CJI D Y Chandrachud, recalled during its judgment on the Maharashtra political crisis on May 11 this year, the Supreme Court had asked the speaker to decide on the petitions “within a reasonable period of time”.
Stating that the Speaker “has to take a decision in the matter”, the bench including Justices J B Pardiwala and Manoj Misra on Monday said, “He cannot do this… It appears that nothing has happened except a letter to the Election Commission… What is the Speaker proposing to do? He must sit down and decide on these petitions now. We did not set a time schedule for him, but equally, the speaker has to abide by the dignity of the Supreme Court… Four months have gone by, and we are still at the stage of issuing notices…”
Stating that further directions would be issued in “due course”, the CJI observed on the Speaker’s order, “He (the Speaker) cannot say that he will hear it (the petitions) in due course. He has to keep on giving dates, and get ready for hearing… Let the Speaker take it up immediately; not just (say) further directions to be issued in due course. Due course may even be December, January, April…”
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