The Shiv Sena (Uddhav Balasaheb Thackeray) on Tuesday moved the Supreme Court challenging Lok Sabha Speaker Om Birla’s decision recognising the merger of six of its members of Parliament with the Eknath Shinde-led Shiv Sena, contending that the move has brought its functioning in Parliament to a standstill.
The matter was mentioned for urgent listing before a bench led by Chief Justice of India Surya Kant by senior advocate Devadatt Kamat, appearing for Shiv Sena (UBT) parliamentary party leader Arvind Sawant.
Plea seeks urgent hearing
Seeking an early hearing, Kamat told the court that the Speaker’s decision, taken during the ongoing Monsoon session of Parliament, had virtually paralysed the party’s parliamentary functioning.
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“My functioning as a political party in Parliament has come to an absolute standstill. These MPs are not with me. The Speaker has recognised their merger with another party. This is for the current Parliament session,” Kamat, assisted by advocate Nishanth Patil, submitted.
He further argued that the issue raised important constitutional questions relating to the powers exercised by the Speaker. “The Speaker recognised the merger late Saturday night. It has brought Parliament work for the party to a standstill. This concerns an important constitutional office,” he added.
{{/usCountry}}He further argued that the issue raised important constitutional questions relating to the powers exercised by the Speaker. “The Speaker recognised the merger late Saturday night. It has brought Parliament work for the party to a standstill. This concerns an important constitutional office,” he added.
{{/usCountry}}When the court asked what the urgency was, the Chief Justice said the bench could not immediately assure listing.
“Can’t promise (listing tomorrow or Friday)…We will see,” the CJI told Kamat.
Speaker's decision
Ahead of the Monsoon session, Speaker Om Birla approved the merger of six Shiv Sena (UBT) MPs with the Shiv Sena led by Maharashtra deputy chief minister Eknath Shinde.
The six MPs are Sanjay Deshmukh (Yavatmal), Sanjay Jadhav (Parbhani), Sanjay Dina Patil (Mumbai North East), Nagesh Patil Ashtikar (Hingoli), Omraje Nimbalkar (Dharashiv) and Bhausaheb Wakchaure (Shirdi). All of them are made parties to the petition filed by Sawant in the top court.
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Following the decision, the strength of the Shinde-led Shiv Sena in the Lok Sabha has increased from seven to 13, while the Uddhav Thackeray-led faction has been reduced to three MPs.
The Speaker’s decision was reflected in an internal Lok Sabha circular, issued last week, revising the party position in the 18th Lok Sabha. It stated: “Consequent upon the change in party affiliation of 6 members of Shiv Sena UBT in Lok Sabha, a revised party position in the 18th Lok Sabha is enclosed.”
Numbers in Lok Sabha
With this, the Sena became the National Democratic Alliance’s largest constituent from Maharashtra in the Lower House.
It had originally won seven seats in 2024. But in June, six Sena (UBT) Lok Sabha members joined the Shiv Sena in the presence of party chief and deputy chief minister Eknath Shinde, boosting the regional party’s presence in Parliament and bolstering the National Democratic Alliance’s numbers.
“The required process has been completed. All six MPs have joined the Shiv Sena. Operation Tiger is a success,” Shinde had announced at the time.