The Supreme Court Wednesday issued notices to Lok Sabha Speaker Om Birla, Lok Sabha Secretary and six rebel Shiv Sena MPs challenging recognition of their merger with the Eknath Shinde-led Shiv Sena.
The petition was filed by the Shiv Sena (UBT) MP Arvind Sawant on behalf of the Uddhav Balasaheb Thackeray faction. It challenges the Speaker’s decision to approve the merger of six Shiv Sena (UBT) MPs with the rival Shiv Sena faction led by Maharashtra Deputy Chief Minister Eknath Shinde.
The respondents are given two weeks to respond.
But the bench declined to offer up an interim stay on the Speaker’s decision at this stage.
### Shiv Sena UBT Challenges Speaker’s Decision
Devadatt Kamat, senior Advocate Devadatt Kamat, representing Shiv Sena (UBT), said the case raised a very important set of questions for constitutional morality and propriety and morality of the Constitution, and for the right to a court.
Kamat said that the six MPs were elected on the Shiv Sena (UBT) symbol and no disqualification proceedings were pending against them.
He said there hadn’t been a legal question about a merger and questioned how the decision was communicated.
"Six MPs chosen on my party symbol. No disqualification proceedings are pending. The question of deciding on the merger has not even arisen,” Kamat told the court.
He also questioned a circular related to the matter because it had been signed by a joint secretary and did not clearly disclose whether the Speaker himself had passed a formal order approving the merger.
The senior lawyer also pointed out that the six MPs could not unilaterally decide that the Shiv Sena (UBT) had merged with a rival political party.
“There is absolutely no merger,” he said.
### Plea Seeks Interim Stay
Kamat also asked the Supreme Court to stay the Speaker’s decision, saying that the matter needed urgent intervention.
And he claimed that the process had been “orchestrated” and warned that delays could undermine the legal challenge.
According to the lawyer, the matter did not involve proceedings under the Tenth Schedule of the Constitution and the Speaker did not have jurisdiction to pass an order recognising such a merger.
However, the Supreme Court did not consider the request for a stay at the present stage and issued notices.
### Defections Reshape Opposition Strength
The legal dispute comes at a time of a huge reshuffling of Opposition strength in Lok Sabha.
Last week, Speaker Om Birla approved the merger of six Shiv Sena (UBT) MPs with the Shiv Sena faction led by Eknath Shinde.
The decision significantly reduced the strength of the Uddhav Thackeray-led party in the Lower House, leaving it with only three MPs.
The Trinamool Congress also faced a huge wave of defections.
As many as 20 of the 29 Lok Sabha MPs elected on TMC tickets broke away and joined the little-known Nationalist Citizens Party of India (NCPI).
The Speaker also recommended separate seating arrangements for the 20 MPs.
These developments have brought into sharp focus the political and legal debate of defections, mergers and the powers of the Lok Sabha Speaker.
The Supreme Court’s next proceedings will be closely watched by the Uddhav Thackeray faction that is contesting the merger’s legal basis and trying to clarify the constitutional limits of the Speaker’s power.
