Maharashtra Political Drama: SC extends deadline for Speaker's verdict on disqualification cases

Maharashtra Political Drama: Senior advocate Kapil Sibal, representing the Uddhav Thackeray group, expressed objections to the extension, citing a similar request made previously by the Speaker.

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Edited By: Prateek Gautam
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Maharashtra Political Drama: In the ongoing political turmoil within Shiv Sena, the Supreme Court has extended the deadline for Maharashtra Legislative Assembly Speaker Rahul Narwekar to deliver a verdict on disqualification petitions against MLAs, including Chief Minister Eknath Shinde. The Speaker had requested an extension due to the extensive documentation involved in the proceedings.

Extended Timeline Amid Document Examination

The bench, comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, considered the Speaker's plea for an extension. Solicitor General Tushar Mehta, representing the Speaker, emphasised the need for more time, citing the voluminous documentation that requires examination. The court granted an extension until January 10, 2023.

Opposing Views: High-Stakes Political Battle

Senior advocate Kapil Sibal, representing the Uddhav Thackeray group, expressed objections to the extension, citing a similar request made previously by the Speaker. Despite objections, the bench approved the extension, balancing the Speaker's need for time with the urgency of the matter.

Background: Disqualification Petitions and Delays

The Supreme Court had initially directed the Speaker to decide on the disqualification petitions by December 31. However, acknowledging the complexity of the case, an extension was sought and granted. The political tussle involves multiple factions within Shiv Sena and the Nationalist Congress Party (NCP).

Judicial Disapproval and Pending Proceedings

The top court had previously expressed dissatisfaction with the delay in deciding the disqualification petitions, emphasising the Speaker's inaction despite repeated directives. A total of 34 petitions, seeking the disqualification of 56 MLAs, are pending before the Speaker, contributing to the prolonged political crisis in Maharashtra.

Legal Implications: Allegations and Constitutional Concerns

The plea filed by the Uddhav Thackeray-led Shiv Sena urges a swift decision, alleging unconstitutional acts by the delinquent MLAs. The Speaker's delay, as per the plea, poses a constitutional impropriety, allowing potentially disqualified MLAs to hold influential positions.

Historical Context: Previous Supreme Court Rulings

In May, the Supreme Court, in a five-judge Constitution bench, refrained from disqualifying the Eknath Shinde-led Maharashtra government. The court noted Uddhav Thackeray's resignation instead of facing a test of strength in the Assembly.

In August of the previous year, the top court referred the issues related to the Maharashtra political crisis to a five-judge Constitution bench. The intricate legal battle stems from the political developments following the resignation of Uddhav Thackeray as Chief Minister.

The extended deadline adds another layer to the unfolding political drama, emphasising the legal intricacies and power dynamics at play in the Maharashtra political landscape.

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