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Journalism of Courage
A MONTH AFTER the Supreme Court (SC) pronounced its verdict on the legal battle between the two Senas and asked Maharashtra Legislative Assembly Speaker Rahul Narvekar to take a decision on the disqualification proceedings against 16 MLAs from the undivided Shiv Sena, Narvekar is yet to start the process. He has not issued notices to any of these MLAs in this regard so far.
While delivering its judgment on May 11, a Constitution bench of the SC said it would not interfere in the disqualification proceedings against 16 Sena MLAs, including Chief Minister Eknath Shinde, pending before the Speaker, saying that the Speaker must decide on the same within a “reasonable period”.
A month on, there is very little movement on the matter.
The Speaker has so far only sought the original copy of the undivided Sena’s constitution that was in effect in June 2022 when Shinde launched his rebellion, leading to a split in the undivided Sena led by Uddhav Thackeray.
Officials privy to the procedure told The Indian Express that Thackeray and Shinde may be summoned to present their side before issuing notices or taking any decision on the matter.
Even as no specific timeframe was mentioned in the SC verdict to take the decision on the MLAs’ disqualification, the Opposition alliance Maha Vikas Aghadi (MVA), including the Sena (UBT), Congress and Nationalist Congress Party (NCP), has been alleging that Narvekar is delaying the matter in order to “safeguard” CM Shinde and his MLAs.
Sena (UBT) leader Sanjay Raut has said the party would approach the SC again if the decision on disqualification was not taken within 90 days.
“Delaying tactics are being used. The court has not mentioned a specific timeframe, but the court spoke of a reasonable time. We have already given reminders to the Speaker. After the completion of one month, we will again give him a reminder. Despite that, if he does not specify the definition of ‘reasonable time’ or act upon the reminders, then we are free to approach the SC again,” Sena (UBT) MLC Anil Parab told The Indian Express.
A high-level delegation of Sena (UBT) legislators met Narvekar and submitted a memorandum to him on May 26, urging him to take a decision at the earliest. They again met him last week to reiterate their demand for expediting the process.
Meanwhile, Narvekar has said the process was underway and that his decision would be taken based on the “merits” of the pleas and as per the Constitution.
While the SC verdict was limited to the 16 rebel Sena MLAs, Narvekar has said he was currently hearing the disqualification pleas against 54 undivided Sena MLAs, which were filed by both the factions of Sena against each other during the July 2022 crisis within the party. This was, the Opposition charged, “another delaying tactic”.
Narvekar currently has five petitions on the disqualification of 54 MLAs with him. Except for its two MLAs, Aaditya Thackeray and Rutuja Latke, all other 54 Sena MLAs (from both sides) are now facing disqualification petitions.
Narvekar said he will “hear every petition without giving priority to any of the pleas”.
“The procedure is on. We have sought the copy of the constitution from the EC and will study it. Once it is done then further procedure will start,” Narvekar told The Indian Express.
He said that he would give an opportunity to both Thackeray and Shinde to present their side once any decision is taken.
