Within what time frame can the Assembly Speaker himself take decision on disqualification of 16 MLAs from Eknath Shinde's faction
By Lokmat English Desk | Published: May 12, 2023 05:30 PM2023-05-12T17:30:05+5:302023-05-12T17:30:05+5:30
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Saying that the Shinde-Fadnavis government is illegal, Sanjay Raut had said that the election of the Assembly Speaker is also illegal. Raut has said that the President will have to take a decision in this regard in the next 90 days. The Supreme Court has not given a time limit.
Rahul Narvekar is an expert lawyer himself. Due to this, Devendra Fadnavis has said today that he has good knowledge of law. Also, Narvekar has also said to take a decision after proper process. What is the right time? Such a question is present in everyone's mind.
The most important thing is that there is no mention of the exact time frame to decide such a matter. Neither in law nor anywhere else. This is likely to give the Shinde group i.e. the government as much time as it wants. Because this matter is pending in the court.
The Supreme Court also clarified that the decision of disqualification is taken by the Speaker of the Legislative Assembly as per the Tenth Schedule. After the decision of the President, one can go to the High Court or the Supreme Court to appeal against it. But, there is no time limit condition or law.
Supreme Court Justice Nariman gave a judgment in a case in Manipur. He then ordered that the President should give a decision on the disqualification within three months. Assume that the President has three months to make a decision.
The other side of this is that the judgment was challenged before an extended bench. It said that the court has no power to fix such period. Shockingly, the verdict is yet to come. Because of this, there is no time limit on the president.
As far as Maharashtra is concerned, there is no such mention in the rules of the Vidhan Sabha. In the Supreme Court argument, the Shinde group's lawyer Harish Salve himself had said that he should ask the President to take a decision in two to three months, but the Manipur case made the matter difficult.
Assuming there is no term limit for the Assembly Speaker, the next Assembly is a year - a half year away. Because of this, if the Narvekars take time and give a verdict before that election, the Thackeray group will not have time to file a complaint against it in the court.
