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A month after the Supreme Court (SC) announced its ruling on the legal battle between the Senas and asked Maharashtra Legislative Assembly Speaker Rahul Narvekar to decide on disqualification proceedings against the 16 MLAs of the undivided Shiv Sena, Narvekar has yet to start the process. It has not issued notifications to any of these agreements in this regard yet.
While delivering its ruling on May 11, the Supreme Court’s Constitution Panel said it would not interfere with the impeachment proceedings against 16 Sena MLAs, including Chief Minister Eknath Shinde, pending before the Speaker, saying the Speaker must decide on it within “reasonable period”.
A month later, there has been little movement on the matter.
The Speaker has so far only requested the original copy of the Undivided Sena which was effective in June 2022 when Shinde launched his rebellion, leading to a split in the Undivided Sena led by Udhav Thackeray.
Officials familiar with the procedure told The Indian Express that Thackeray and Shinde may be called upon to present their side before notices are issued or any decision is made on the matter.
Although no specific time frame was mentioned in the Supreme Court ruling for a decision on the disqualification of MLAs, the opposition Maha Vikas Agadi Alliance (MVA), including the Sena Party (UBT) and the Congress and National Congress Party (NCP), have alleged that Narvekar is delaying the matter in order to ‘protect’ CM Shinde and the MLAs.
Sena (UBT) leader Sanjay Raut said the party will approach the Supreme Court again if the impeachment decision is not taken within 90 days.
“Delaying tactics are being used. The court did not say a specific time frame, but the court spoke of a reasonable time period. We have already given reminders to the Speaker. After one month is up, we will remind him again. Although, if he does not specify a definition ‘Reasonable time’ or act on reminders, we’ll be free to approach the SC again.”
A senior delegation of Sena (UBT) legislators met Narvikar and presented a memorandum to him on May 26, urging him to take a decision as soon as possible. They met with him again last week to confirm their request to speed up the process.
Meanwhile, Narvikar said the process is underway and his decision will be taken on the “merits” of the appeals and in accordance with the constitution.
While the Supreme Court’s ruling was limited to 16 SLA rebels, Narvikar said it was currently hearing disqualification claims against 54 undivided Sena MLAs, which were filed by both Sena factions against each other during the July 2022 crisis within the party. The opposition charged that this was “another stalling tactic”.
Narvekar currently has five disqualification petitions of 54 MLAs with him. With the exception of two MLAs, Aaditya Thackeray and Rutuja Latke, all 54 other Sena MLAs (from both sides) are now facing disqualification petitions.
Narvikar said that he would “listen to every petition without prioritizing any of the petitions”.
“The procedure is in process. We have sought a copy of the constitution from the European Commission and we will study it. Once this is done, another procedure will start,” Narvekar told the Indian Express.
He said he would give Thackeray and Chinde an opportunity to present their side once any decision was made.
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