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Speaker’s nod to Sena (UBT) MPs’ merger challenged in SC
The matter was mentioned for urgent listing before a bench led by CJI Surya Kant by senior advocate Devadatt Kamat, appearing for Shiv Sena (UBT) parliamentary party leader Arvind Sawant
The Shiv Sena (Uddhav Balasaheb Thackeray) on Tuesday petitioned 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.
“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 to the court, seeking for an early hearing.
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.
When the court asked what the urgency was, the Chief Justice said the bench could not immediately assure a scheduled date for hearing.
“Can’t promise (listing tomorrow or Friday)…We will see,” the CJI told Kamat.
Originally, Shinde-lead Shiv Sena had won 7 seats in 2024. But in June, 6 Sena (UBT) Lok Sabha members – Sanjay Deshmukh (Yavatmal), Sanjay Jadhav (Parbhani), Sanjay Dina Patil (Mumbai North East), Nagesh Patil Ashtikar (Hingoli), Omraje Nimbalkar (Dharashiv) and Bhausaheb Wakchaure (Shirdi) – joined the Shiv Sena in the presence of party chief and deputy chief minister Eknath Shinde, as Speaker Om Birla approved the merger. All of the 6 MPs are also made parties to the petition filed by Sawant in the top court.
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.”
With this, the Sena became the National Democratic Alliance’s (NDA) largest constituent from Maharashtra in the Lower House.“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.
Following the decision, the strength of the Shinde-led Shiv Sena in the Lok Sabha has increased from 7 to 13, while the Uddhav Thackeray-led faction has been reduced to 3 MPs.
