I will decide at the earliest, says Maharashtra Speaker. Open to review, says Supreme Court

MUMBAI: Assuring to abide by the Supreme Court’s directives to him to decide on the issue of disqualification of 16 Shiv Sena legislators, Maharashtra assembly Speaker Rahul Narwekar on Thursday said that once he recognises the Shiv Sena party in legislature, they would again have the right to appoint a whip as per the SC’sobservations.

On the SC terming Sena MLA Bharat Gogawale’s appointment as whip unconstitutional, Narwekar said he was appointed by the legislature party and not by the outfit recognised by the Election Commission of India. “Shinde’s Sena is recognised by ECI and they could again appoint him to the post,” he said.

As per the SC order, the political party and not the legislature party appoints the whip and the leader of the Shiv Sena legislative party. The Speaker must recognise the whip and leader authorised by the Shiv Sena political party, said the judges.



The court said there were “no extraordinary circumstances” that require it to step in now. “The Speaker must decide disqualification petitions within a reasonable period,” the SC noted in the 141-page order. It said the Speaker is expected “to act fairly, independently, and impartially” and ultimately, his decision would be “subject to judicial review.”

Speaking to TOI, assembly Speaker Rahul Narwekar said the 10th Schedule of the Constitution dealing with anti-defection laws is clear on provisions for disqualification as well as the powers of the presiding officer. “We will follow the procedure and take the decision as early as possible, preferably in the shortest possible time, but no decision will be taken in a hurry. We will ensure that there will be no miscarriage of justice,” Narwekar said.



The Speaker said he would give a hearing to both sides as per procedure. “I will see whether the 16 MLAs satisfy the requirement for defection. My office is apolitical and non-partisan, and the case would be decided on merits. A lot would depend on which group actually represents Shiv Sena as a party that is recognised by the Election Commission of India.”

Stating that there were certain interpretations given by the SC on who could appoint a whip, Narwekar said he will decide the case on merits. “The Parliament, assembly and the judiciary are independent bodies under the Constitution of India, and each of them have been provided equal positions. None have superintendence over others,” he said. “In fact, I feel, the apex court has further extended my powers,’’ Narwekar added.

The SC has observed that the Speaker of the Maharashtra assembly is “the appropriate constitutional authority” to decide on the disqualification of the Sena MLAs under the anti-defection law.

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