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Maharashtra MLAs' Disqualification: Supreme Court Gives "Final Opportunity" To Speaker, Next Hearing On 30 October
The Supreme Court of India.
The Supreme Court has given the Speaker of the Maharashtra Legislative Assembly a "final opportunity" to establish an appropriate schedule for the swift hearing of disqualification petitions related to the split within the Shiv Sena and the Nationalist Congress Party (NCP).
The court on Tuesday (17 October) expressed dissatisfaction with the initially proposed time schedule, deeming it inadequate for a timely and foreseeable conclusion to the disqualification proceedings, according to Live Law.
The bench, consisting of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, was overseeing writ petitions filed by members of Shiv Sena and NCP, urging the Speaker to expedite decisions on disqualification petitions against different factions.
During the hearing, Solicitor General Tushar Mehta requested additional time to provide a realistic time estimate, suggesting a date after 28 October. However, the CJI expressed reluctance, emphasising the Speaker's responsibility to make decisions promptly.
The CJI highlighted the Speaker's role as a tribunal subject to the court's jurisdiction in disqualification proceedings. Senior Advocate Kapil Sibal, representing the petitioners, argued that the Speaker had delayed proceedings, contrary to SG Mehta's claim of recent petitions.
Sibal referred to a previous court judgment emphasising a decision within three months. The CJI stressed the importance of establishing a timeframe and ensuring actions were taken to decide the proceedings.
The CJI indicated the court's inclination to pass an order fixing a time schedule unless the SG assured the court that he would work with the Speaker to set a timeline for disposal. SG Mehta assured the bench of engaging with the Speaker during the upcoming Dusshera holidays.
The CJI then issued an order, granting a final opportunity to the Speaker to provide a realistic time schedule for the disqualification petitions. The matter is scheduled for further consideration on 30 October, immediately after the court's reopening post breaks.
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