The Supreme Court on Wednesday emphasised that disqualification petitions under the Tenth Schedule of the Constitution must be decided expeditiously, even when a considerable period remains before the expiry of the Assembly’s term.

A Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana was hearing a writ petition filed Umang Singhar, senior Congress leader concerning the delay in deciding a disqualification petition against Madhya Pradesh MLA Nirmala Sapre.

The disqualification petition was filed by Madhya Pradesh Leader of Opposition and senior Congress leader Umang Singhar before the Speaker of the Madhya Pradesh Legislative Assembly on June 30, 2024. Umang Singhar sought Nirmala Sapre’s disqualification under the anti-defection provisions of the Tenth Schedule, alleging that she had voluntarily given up her membership of the Congress, on whose ticket she was elected from the Bina constituency in the 2023 Assembly elections, and subsequently joined the BJP.

During the hearing, counsel for the petitioner submitted that the disqualification proceedings had remained pending before the Speaker for over two years. He submitted that evidence had been recorded and the matter had been reserved for orders, but no decision had been delivered.

Counsel pointed out that nearly two and a half years had elapsed and requested the Court to ensure that the Speaker decided the disqualification petition expediciously. The Bench directed that the matter should be decided expeditiously.

The Bench observed that even where considerable time remains before the expiry of the Assembly’s tenure, proceedings under the Tenth Schedule are expected to be decided expeditiously, keeping in view the object of the anti-defection law and the Supreme Court’s earlier decisions.

With this observation, the Supreme Court disposed of the writ petition, granting the Speaker two months to decide the pending disqualification petition against Nirmala Sapre.