New Delhi: The Supreme Court Friday issued notice to the Maharashtra assembly speaker on a petition by Shiv Sena (UBT) MLA Sunil Prabhu seeking a direction to expedite decision on the disqualification petitions against rebel Shiv Sena MLAs led by Eknath Shinde. A bench headed by Chief Justice of India D Y Chandrachud issued notice on Prabhu’s plea.
Prabhu moved the plea days after NCP leader Ajit Pawar and eight others were inducted into the Eknath Shinde-led Maharashtra government. Pawar pulled off a stunning revolt in the Nationalist Congress Party (NCP), triggering a vertical split, and joined hands with the ruling BJP-Shinde Shiv Sena alliance. Pawar has become the deputy Chief Minister.
In the plea, Prabhu said the speaker has failed to decide the disqualification petitions filed by the petitioner against delinquent members of the Maharashtra Legislative Assembly. “The present incumbent Speaker, the Respondent, has clearly demonstrated by his inaction that he is incapable of functioning as a fair and unbiased Tribunal under the Tenth Schedule, as required by law,” said the plea.
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The plea said in the present case, where the Speaker has demonstrably failed to act in a fair and unbiased manner as required of him by the Constitution, it is constitutionally imperative for the apex court to issue appropriate directions to ensure that the provisions of the Tenth Schedule are not reduced to a nullity merely on account of inaction of the speaker.
On May 11, the Supreme Court asked the speaker, Rahul Narwekar, to decide the fate of 16 Shiv Sena MLAs, including Eknath Shinde, who were accused of anti-party activities. Prabhu's petition contended that three subsequent representations have been submitted by the petitioner to the speaker.
“The constitutional requirement of fairness enjoins upon the Speaker the obligation to decide the question of disqualification in an expeditious manner. Any unreasonable delay on the part of the Speaker in deciding the petitions for disqualification contributes to and perpetuates the constitutional sin of defection committed by the delinquent members,” said the plea.
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