MLAs' disqualification row: SC to hear Uddhav Thackeray and Sharad Pawar factions' pleas on October 30

The Supreme Court is scheduled to hear on October 30 pleas filed by the Uddhav Thackeray faction of the Shiv Sena and the Sharad Pawar bloc of the NCP, seeking a direction to the Maharashtra assembly speaker to expeditiously decide disqualification petitions against some MLAs, PTI reported.

A bench headed by Chief Justice D Y Chandrachud is scheduled to consider the separate pleas filed by both factions. The Supreme Court's session is set to resume after a week-long break for the Dussehra holiday.

On October 17, the Supreme Court granted assembly Speaker Rahul Narwekar a final opportunity to provide a realistic timeframe for resolving the cross-petitions filed by rival factions of the Shiv Sena. These petitions sought the disqualification of each other's MLAs following a split in the party.

"The narration of facts indicates that the first batch of petitions is pending since June and July 2022. The judgment of the Constitution Bench was delivered on May 11, 2023. The disqualification petitions have to be adjudicated upon with all expeditions. Otherwise very purpose of the tenth schedule shall stand defeated," the bench had said in its order, as PTI reported.

Expressing dissatisfaction with the timeline proposed by the Speaker, the top court emphasized the urgency of adjudicating these disqualification petitions promptly. The bench stated, "The time schedule as proposed will not result in a foreseeable conclusion of the disqualification petitions at a reasonably early date."

Solicitor General Tushar Mehta assured the court that during the Dussehra break, he would personally work with the Speaker to establish a set of modalities to ensure the early resolution of these petitions.

"Before this court issues peremptory directions for compliance with a time schedule for disposal, we grant a final opportunity to prescribe a realistic time schedule for the disposal of the disqualification petitions, particularly, in view of the assurance which has been given to the court by the Solicitor General," the top court had said, as PTI reported.

The Supreme Court has been critical of the Speaker's delay in deciding the pleas filed by the Uddhav Thackeray faction for the disqualification of Chief Minister Eknath Shinde and several MLAs loyal to him. The court firmly asserted that the Speaker cannot thwart its orders. Similar disqualification petitions have been filed by the Shinde bloc against lawmakers aligned with Thackeray.

On September 18, the bench directed the Speaker to provide a timetable for adjudicating the disqualification petitions against Shinde and Shiv Sena MLAs loyal to him, who had aligned with the BJP to form a new government in June 2022.

The court asked the solicitor general to inform the bench of the timeline to be established by the Speaker for deciding the disqualification petitions involving 56 MLAs, including those from the Shinde faction.

The Thackeray faction had approached the apex court in July, seeking a directive to the state assembly speaker to expedite the adjudication of the disqualification petitions in a time-bound manner. The plea, filed by Shiv Sena (Uddhav Balasaheb Thackeray) MLA Sunil Prabhu, the chief whip of the undivided Shiv Sena, alleged that Speaker Rahul Narwekar is deliberately delaying the adjudication, despite the apex court's verdict.

Subsequently, a separate plea was submitted by the Sharad Pawar faction of the Nationalist Congress Party (NCP). This plea called for a directive to the assembly speaker to promptly decide on the disqualification petitions against Deputy Chief Minister Ajit Pawar and NCP MLAs loyal to him.

The upcoming hearing holds significant implications for the ongoing political tussle and factional disputes within the Maharashtra state legislature. The Supreme Court's decisions regarding these disqualification petitions will play a crucial role in shaping the state's political landscape.