Demand for disqualification of 16 MLAs: Not in any hurry, says speaker Rahul Narvekar

The Shiv Sena (UBT) submitted a plea on Monday to deputy speaker Narhari Zirwal in the absence of Speaker Rahul Narvekar about following the Supreme Court order to take a decision on the disqualification of 16 MLAs of the Shinde faction within a reasonable period. In response, Narvekar, on his arrival from England, said that he would not take a decision under pressure or fear of the allegations from the people who wanted a verdict of their choice.

"I don't pay attention to any demand. Let them say whatever they want. I will not decide under fear. I will not decide because some people want a judgment of their choice," Narvekar, Rahul Narvekar, speaker of the Maharashtra Legislative Assembly, told the media on Monday.

Earlier in the day, Sena (UBT) leader Sunil Prabhu, who claimed that he was still the party's whip as per the order, and his party colleagues handed Zirwal a pile of documents to be forwarded to the speaker. "We have given a letter and a copy of the court judgment, asking the speaker to decide our plea at the earliest. The Manipur case has determined a reasonable period. We will wait for further action before deciding our next move," he said.

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Speculators said on Monday that Zirwal was handed the petition and letters in order to make him use the authority he had used during the disputed episode last year. Some people said that Zirwal, the then officiating speaker, should decide the disqualification. However, Narvekar scoffed at such a possibility. Narvekar said his deputy Zirwal knew his authority. "The deputy speaker works as the speaker when the latter's office is vacant. He knows his as well as the speaker's authority and powers very well," he added. Zirwal had been in the thick of action after he served the disqualification notices to 16 MLAs.

Zirwal's role as an ‘officiating speaker' and the provisions in the anti-defection law were debated in the SC. The Shinde faction had moved a no-trust motion against Zirwal, a move that made the SC refer the issue to a larger bench for verifying the correctness of the previous ruling. He was of the opinion that the process he was expected to carry out as per the court guidelines would be lengthy.

"I can't define a reasonable period. As per the guidelines, I will have to conduct an inquiry to decide who represents a political party, hear out multiple individuals and examine petitions and so on. It will take whatever time it needs. Justice hurried is justice buried; justice delayed is justice denied. Whatever has to happen will happen as per the court guidelines and constitution," Narvekar added. The process will start with identifying a political party that issued a whip then, Narveka said, adding, "The Election Commission has decided it, but that was a prospective decision. I will have to make a retrospective decision."

About the ‘illegality' of the Shinde Sena's whip Bharat Gogawale and Shinde's status as the leaders of Shiv Sena legislative party, the speaker said the matter needed to be understood properly. "The court has said Gogawale's appointment was not inappropriate because it was not clear whether he represented a political party. The court has asked to verify whether Gogawale represented a party and then decide accordingly.

"The court has not decided Gogawale or Shinde's appointment as permanently inappropriate. So, we can recognise their appointments again," he said, adding that it would be verified who among the individuals (Shinde and Uddhav Thackeray) was authorised to appoint a whip. Narvekar said the MLAs have been served notices seeking explanation under the principle of natural justice. "Some people have asked for more time. Some people have requested a personal hearing. The process is still on." The Thackeray faction had already said that it would move the SC in case Narvekar delayed the process or decided against it.