Express News Service
NEW DELHI: Shiv Sena (Uddhav Thackeray faction) MLA Sunil Prabhu has approached the Supreme Court seeking directions to Maharashtra Legislative Assembly Speaker on expeditiously deciding the disqualification pleas pending against Maharashtra CM Eknath Shinde and 15 rebel Sena MLAs led by him.
Notably, the apex court on May 11 while remarking that the rift does not raise “extraordinary circumstances” said it could not ordinarily adjudicate disqualification pleas under Schedule 10 of the Constitution and thus opined that the Speaker of the Maharashtra Legislative Assembly is the appropriate constitutional authority to decide the question of disqualification petitions pending against Shinde and 15 others.
Against this backdrop, it is argued in the plea that although the five-judge bench in a unanimous verdict on May 11 asked the Speaker to decide the pleas within a “reasonable time” the speaker has taken no step in that regard. It has been contended that the Speaker irrespective of submission of three representations for convening the hearing in the disqualification matter on May 15, May 23 and June 2 has not chosen to conduct a single hearing.
It also stated that the speaker in “brazen disregard” to his constitutional duties as a neutral arbiter has sought to delay the adjudications of the disqualification petitions. “Speaker’s inaction in deciding the disqualification proceedings is an act of grave constitutional impropriety as his inaction is allowing MLAs who are liable to be disqualified to continue in the assembly and to hold responsible positions in the government of Maharashtra including that of the chief minister,” the plea stated.
The plea also stated the incumbent Speaker has “clearly demonstrated by his inaction” that he is incapable of functioning as a fair and unbiased tribunal under Schedule 10. Interestingly, the Supreme Court in its ruling had effectively opened the door for disqualification of Maharashtra CM Eknath Shinde for defection from the Shiv Sena party but ruled that it could not quash the resignation of Uddhav Thackeray and thus would not be able to reinstate him as the CM of Maharashtra.
NEW DELHI: Shiv Sena (Uddhav Thackeray faction) MLA Sunil Prabhu has approached the Supreme Court seeking directions to Maharashtra Legislative Assembly Speaker on expeditiously deciding the disqualification pleas pending against Maharashtra CM Eknath Shinde and 15 rebel Sena MLAs led by him.
Notably, the apex court on May 11 while remarking that the rift does not raise “extraordinary circumstances” said it could not ordinarily adjudicate disqualification pleas under Schedule 10 of the Constitution and thus opined that the Speaker of the Maharashtra Legislative Assembly is the appropriate constitutional authority to decide the question of disqualification petitions pending against Shinde and 15 others.
Against this backdrop, it is argued in the plea that although the five-judge bench in a unanimous verdict on May 11 asked the Speaker to decide the pleas within a “reasonable time” the speaker has taken no step in that regard. It has been contended that the Speaker irrespective of submission of three representations for convening the hearing in the disqualification matter on May 15, May 23 and June 2 has not chosen to conduct a single hearing.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
It also stated that the speaker in “brazen disregard” to his constitutional duties as a neutral arbiter has sought to delay the adjudications of the disqualification petitions. “Speaker’s inaction in deciding the disqualification proceedings is an act of grave constitutional impropriety as his inaction is allowing MLAs who are liable to be disqualified to continue in the assembly and to hold responsible positions in the government of Maharashtra including that of the chief minister,” the plea stated.
The plea also stated the incumbent Speaker has “clearly demonstrated by his inaction” that he is incapable of functioning as a fair and unbiased tribunal under Schedule 10. Interestingly, the Supreme Court in its ruling had effectively opened the door for disqualification of Maharashtra CM Eknath Shinde for defection from the Shiv Sena party but ruled that it could not quash the resignation of Uddhav Thackeray and thus would not be able to reinstate him as the CM of Maharashtra.
