Decide on MLAs by end of year, Maha speaker told by SC
Hindustan Times|October 31, 2023
The Supreme Court on Monday directed Maharashtra assembly speaker Rahul Narwekar to decide on a bunch of disqualification petitions linked to the vertical split in the Shiv Sena by December 31 and those connected to the split in the Nationalist Congress Party (NCP) by January 31, emphasising that sanctity of the anti-defection law must be maintained.
Utkarsh Anand

The top court's deadline on the politically sensitive cases - the Sena split brought down the then Maha Vikas Aghadi (MVA) government last year and the NCP fissures added a new party, and deputy chief minister, to the ruling coalition earlier this year - means that the issue will be decided well in time for the general elections next summer, and state polls expected in October 2024.

"The sanctity of the 10th Schedule (anti-defection law) has to be maintained. It cannot be thrown to the wind," remarked a bench, headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, as it shot down Narwekar's plea to give him more time for deciding the two batches of disqualification petitions.

While Narwekar pressed for time at least till January 31 to decide the petitions pertaining to the vertical split in Sena last year, the bench, which also comprised justices JB Pardiwala and Manoj Misra, remained emphatic that the speaker must decide by December 31.

"Procedural wranglings between contesting parties cannot delay the disposal of these petitions... These proceedings cannot linger on until elections are announced, and the petitions are rendered infructuous. That seems to be the idea," said the bench while fixing the deadlines.

"I will not speak without reading the written order," Narwekar said on Monday, responding to the Supreme Court's judgment.

Spokespersons of the Shiv Sena (UBT) and NCP said they were pleased with the order.

"Eknath Shinde will be disqualified and deputy chief minister Ajit Pawar will also face the same action," said Thackeray faction leader Anil Parab who has been handling the party's legal affairs.

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