Uddhav Sena Approaches Supreme Court Questioning Impartiality Of Maharashtra Speaker In Deciding Disqualification Pleas

An application has been filed on behalf of Shiv Sena (Uddhav Balasaheb Thackeray) questioning the impartiality of Maharashtra Speaker Rahul Narwekar in deciding the disqualification petitions filed against the members of the Eknath Shinde faction.

It is alleged in the application that the Speaker met Chief Minister Eknath Shinde at the latter's official residence on January 7, when just three days remain for the pronouncement of the verdict in the disqualification petitions.

"It is highly improper for the Speaker to meet Eknath Shinde three days before deciding on the disqualification petition. The Speaker is required to act in an impartial manner. However, the present act of the Speaker raises questions about his fairness and impartiality in the decision-making process," the application filed by Sunil Prabhu, Uddhav Sena member, stated. "The present act of the Speaker is in violation of the legal maxim that justice should not only be done, it should also be seen," the application added.

The application has been filed in the writ petition filed by Sunil Prabhu seeking directions to the Speaker to decide the disqualification petitions expeditiously. The Supreme Court had initially set a deadline of December 31, 2023 for the Speaker to decide the petitions under the tenth schedule of the Constitution. Later, on December 15, the Court extended the deadline to January 10, 2024.

Sunil Prabhu filed the writ petition relying on the direction in the Constitution Bench judgment in the Shiv Sena case which asked the Speaker to decide the disqualification matters within a reasonable time. Before setting the timeline, the Supreme Court had expressed dissatisfaction at the Speaker delaying the adjudication.

The Court noted that a total of thirty four petitions filed by both sides against each other seeking the disqualification of fifty six MLAs are pending.