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Decide on Shinde faction disqualification pleas by Dec 31: SC to Speaker

The court, which holds that the ‘sanctity of the 10th schedule must be maintained’, also directs that petitions related to the split in the NCP be decided by January 31, 2024.

Maharashtra CM Eknath ShindeMaharashtra CM Eknath Shinde. (File photo)
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The Supreme Court Monday directed Maharashtra Assembly Speaker Rahul Narwekar to decide by December 31 the disqualifications petitions filed in the aftermath of the rebellion in the Shiv Sena camp, last year.

A three-judge bench presided by Chief Justice of India D Y Chandrachud refused to grant more time to the Speaker, who had filed an affidavit, seeking time till February 29, 2024, to complete the hearings.

The bench, also comprising Justices J B Pardiwala and Manoj Misra said, “We have repeatedly furnished opportunities to the Speaker and the tribunal, which is to conclude the proceedings under the 10th Schedule expeditiously.”

“An affidavit has been filed by the Secretary of the Maharashtra Legislature Secretariat. The affidavit indicates that there are two groups of disqualification petitions: Group A, which consists of 34 petitions concerning Shiv Sena party, and Group B, which deals with five petitions concerning Nationalist Congress Party. The affidavit indicates that the Secretariat will be closed during the Diwali vacation from November 10-16, 2023, and the Winter Session of the Assembly at Nagpur would be held from December 7 to 20, 2023,” the court order said.

It added, “We are clearly of the view that the procedural wrangling between contesting parties should not be permitted to delay the conclusion of the petitions for disqualification under the 10th Schedule. In this view of the matter, we direct that proceedings be concluded and final order passed on or before December 31, 2023”.

Though Solicitor General Tushar Mehta, appearing for the Speaker, sought time till January 31 for deciding the Shiv Sena petitions, the top court did not agree. Justice Chandrachud said, “The sanctity of the 10th Schedule must be maintained. Otherwise we are throwing these provisions to the wind…Let the proceedings be completed by December 31.”

On the petitions filed regarding the rebellion in the NCP, the court said, “We have to give some reasonable time…” The court directed that the matter related to the NCP be decided by January 31, 2024.

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