SC gives speaker 4 days to set timeline for Sena MLAs' disqualification hearing
Shiv Sena, and demanded a timeline for the same by Tuesday.
If the speaker fails to give a timeline by then, the bench will have to pass a «pre-emptory order» directing the speaker to decide on the disqualification pleas «within a time frame», a bench headed by Chief Justice of India (CJI) D Y Chandrachud said on Friday.
It is a «matter of concern» that the order of the Supreme Court is not being implemented, the CJI observed verbally, and said the speaker is «duty bound» to comply with the directions of the top court. The «dignity» of the court must be maintained, he added.
Expressing strong dissatisfaction with the slow progress in the proceedings before the speaker, the CJI observed that the bench had in July issued notice on a plea filed by Uddhav Thackeray faction of the Shiv Sena seeking directions to the speaker to set a schedule for deciding the disqualification pleas.
In September, the bench passed an order «expecting» that the speaker will set a deadline to decide the pleas.
Lamenting that there is «no such effort by the speaker», the CJI said, «We are constrained to say that he must take a decision within two months.»
He, however, refrained from passing any directions and granted time to solicitor general Tushar Mehta, who appeared for the speaker, to seek instructions by Tuesday. The speaker «has to» decide the pleas «well before the next (state) elections» (in 2024), he added.
Proceedings before the speaker «cannot be reduced to a charade», the CJI observed. «We have to engender a sense of confidence in the process.»
According to the Tenth Schedule, speaker is a 'tribunal', he said.
«Some measure of seriousness has to be imparted to the tribunal,» he added.
Earlier, on May 11, a constitution bench of
