Disqualification hearing: Speaker gives 2 weeks’ time to both camps for exchange of documents

Assembly speaker Rahul Narwekar on Thursday gave two weeks’ time to both factions of Shiv Sena to exchange documents, minutes after hearing on disqualification of MLAs began in the central hall of the legislature. The Shiv Sena (UBT) criticised the decision, alleging that it was a deliberate move to delay the proceedings.

After the split in Shiv Sena in June last year, Shiv Sena (UBT) led by Uddhav Thackeray moved a petition for disqualification of 39 MLAs, including chief minister Eknath Shinde, while the Shinde faction submitted a disqualification petition against 14 MLAs, excluding Aaditya Thackeray. Narwekar had issued notices to both the camps seeking their response.

On Thursday afternoon, only MLAs and their counsel were allowed to be present for the hearing. Appearing for Shinde faction, senior counsel Anil Sakhare that they had not received copies of the documents submitted by the opposite camp’s chief whip Sunil Prabhu along with their petition.

Responding to the demand, Thackeray faction’s counsel Devdatta Kamat said the rules stipulated that it was the duty of the speaker’s office to furnish copies of documents to the defendant. He also filed an application requesting the speaker to merge all the petitions.

Narwekar, however, accepted the demand of Shinde camp and granted two weeks’ time to both factions for exchanging documents.

Asim Sarode, another counsel for Thackeray faction, alleged that the speaker’s decision was a ploy to delay the proceedings. “This is a deliberate delay. Now the speaker will decide after two weeks how the further hearing will take place. We pointed out on Thursday the Supreme Court had already declared that the appointment of Bharat Gogawale as whip was illegal. So, Sunil Prabhu remains the whip of the party and there is no merit in the disqualification petition of Shinde camp which was based on the whip of Gogawale.”

Prabhu questioned the logic behind Shinde camp’s demand for the documents. “They have submitted a 6,000-page document in reply to the notice. If they did not have details of our submission, then on what basis did they file such a lengthy response. This is nothing but a deliberate delay in hearing on the disqualification petitions. But in the end the speaker has to give a decision based on the Supreme Court’s verdict which termed the appointment of Gogawale as whip illegal. We are confident that the speaker will disqualify the CM and his supporter MLAs.”

Responding to the allegation, Shiv Sena MLA Suhas Kande said the speaker would decide on the disqualification only after hearing both sides’ arguments.

When contacted, Narwekar said, “The hearing has just begun. So, I will not comment on the details of the process, and I will not respond to political allegations.”

Hearing begins after four months

A five-judge constitution bench of Supreme Court headed by chief justice D Y Chandrachud on May 11 called the appointment of Bharat Gogawale as whip of Shiv Sena illegal and said that a political party, not the legislative party, had the authority to appoint the whip. The SC also asked the speaker to decide on the disqualification petitions.