Hearings on disqualification of Shiv Sena MLAs: Sena (UBT) raises objections over timeline, procedure set by Speaker

The order states that “cross-examinations shall commence from November 23 and further dates shall be given as per dates convenient to parties and their counsels. As far as possible the cross-examination shall be held twice a week. After two weeks from conclusion of recording of evidence, the petitions would be listed for final hearing.”

Objecting to the timeline, as per which proceedings would continue till next year and the final hearing’s date is not mentioned, Sena (UBT) leader Anil Parab said that the decision on the petition must be taken within a month’s time and said that the Sena (UBT) will urge the Supreme Court during the hearing on October 3 to issue directions to Narwekar to expedite the hearings.

Speaking about the timeline, Parab said that there is no clarity on when there will be a final decision on the disqualification petitions and that it might go on for over four months even after November this year. “If we look at the timeline and the procedure, we noticed that they have mentioned the dates of submission of affidavits, evidences and other things till November 23. However it won’t be over after November 23. After November 23, the cross-examination will start. Now there is no mention or clarity on whose cross-examination will be conducted? For what and for how long these cross-examination will last. There are 38 petitions against 54 Sena MLAs. The cross-examination will take place only twice a week. The cross examination may go on for four months after November. Hearings are to be held only twice a week. 40 people are to be heard. In between that too they will ask for extension of time and various tactics would be used to delay the matter. Apart from that the decision would also come two weeks after the whole proceeding is over,” Parab said, apprehending that the cross-examination may go on for over four months.

Parab also said that there is no need to hold separate hearings and there is no need to record the evidence and cross examination since everything is also on record and admitted facts.

“The crime of 40 MLAs of Shinde led group is the same. Therefore, there is no need to hold separate hearings. The action taken by the Governor is an admitted fact. Is the Governor going to be called to testify even when it’s admitted fact? It is an accepted fact that the Chief Minister took oath. Will the Chief Minister be summoned for the hearing? He has admitted that he got the whip. They also say that our whip does not apply to us,” said Parab.

Parab said demanded that the entire hearing must be completed within one month’s time since it’s already delayed by four months since the Supreme Court gave its verdict after hearing the case for 10 months.

“The Supreme Court heard the case of 16 MLAs together. Now the tribunal headed by the Assembly Speaker under the Supreme Court is in a mood to hear plea of each MLA separately. Even as the decision on hearing the pleas separately has not been taken yet, but if it is done then it would be a delaying tactic and waste of time,” Parab said.

Meanwhile, Sena UBT leader and MLA Aaditya Thackeray also said that justice delayed was clearly justice denied.

“Maharashtra has been treated unfairly by the bjp that toppled the MVA and foisted an unconstitutional Govt in a hostile manner. While the ball now lies in the court of the Speaker Rahul Narvekar (acting in capacity as a tribunal), it seems that the speaker is going beyond his means and framework to protect the unconstitutional govt by delay tactics. It is sad to see an unconstitutional government be supported this way, in what we claim to be the world’s largest democracy,” Aaditya said on social media platform X.

Aaditya questions Narvekar’s Ghana trip

Questioning Speaker Rahul Narvekar’s upcoming visit to Ghana, where he is scheduled to attend the commonwealth parliamentary conference, Sena (UBT) leader Aaditya Thackeray said on what basis will he represent a state where the government is unconstitutional.

“This is defaming the country at a global level, signalling that democracy is a thing of the past. We still have hope that the Speaker will give speedy justice(in Sena MLAs disqualification petitions), even though the SC has given the order in May 2023. This isn’t about one party, but about Maharashtra and the way he will treat the state, it’s people and democracy in our state. A foreign visit for a parliamentary conference will be shameful until democratic principles of parliamentary democracy, and our Constitution, upheld, are protected and a decision is given. Delay tactics means the office protecting those against the constitution. Maharashtra is watching. India is watching. The world is watching,” Aaditya said in his post on X.