Legal Battle Begins Over MPs’ Switch
The political battle over the merger of six Shiv Sena (UBT) Members of Parliament with the Eknath Shinde-led Shiv Sena has now reached the Supreme Court. The Uddhav Thackeray-led party has challenged the Lok Sabha Speaker’s decision recognising the merger, arguing that the move violates constitutional and legal principles governing defections.
Senior advocate Devadatt Kamat, appearing for Shiv Sena (UBT), requested an urgent hearing before a Bench headed by Chief Justice Surya Kant, seeking that the matter be taken up at the earliest.
Party Questions Validity of Speaker’s Decision
During the mentioning of the case, Shiv Sena (UBT) argued that the Speaker’s recognition of the merger raises significant constitutional questions. According to the party, the issue goes beyond Maharashtra politics and concerns the interpretation of anti-defection provisions governing elected representatives.
The petition contends that MPs who were elected after contesting against a rival political formation cannot subsequently merge with that very party without inviting judicial scrutiny.
Arvind Sawant Raises Constitutional Objections
Reacting to the legal challenge, Shiv Sena (UBT) MP Arvind Sawant questioned the procedure adopted in recognising the merger.
He argued that the order lacked clarity regarding the authority under which it had been issued and maintained that the Constitution provides for recognition only in cases of a valid merger, not on other grounds. Sawant alleged that the process followed was unconstitutional and said the party would continue to contest the decision before the judiciary.
Speaker Recognised Six MPs’ Merger
The controversy follows the Lok Sabha Speaker’s approval of the merger of six Shiv Sena (UBT) MPs into the Shiv Sena led by Maharashtra Deputy Chief Minister Eknath Shinde.
The recognised merger formally increased the Shinde faction’s strength in the Lok Sabha to 13 Members of Parliament.
The six MPs are:
- Omraje Nimbalkar (Dharashiv)
- Nagesh Patil Ashtikar (Hingoli)
- Sanjay Jadhav (Parbhani)
- Sanjay Deshmukh (Yavatmal-Washim)
- Bhausaheb Wakchaure (Shirdi)
- Sanjay Dina Patil (Mumbai North East)
Supreme Court to Hear Matter
With the petition now before the apex court, attention will shift to the judicial proceedings that could determine whether the Speaker’s recognition of the merger complies with the anti-defection framework and constitutional provisions.
Further developments are expected once the Supreme Court decides on the request for an urgent hearing.
1. Why has Shiv Sena (UBT) approached the Supreme Court?
The party has challenged the Lok Sabha Speaker’s decision recognising the merger of six Shiv Sena (UBT) MPs with the Eknath Shinde-led Shiv Sena.
2. What relief has Shiv Sena (UBT) sought?
The party has requested an urgent hearing and is seeking judicial review of the Speaker’s decision.
3. How many MPs joined the Eknath Shinde-led Shiv Sena?
Six Members of Parliament were recognised as having merged with the Shinde-led faction.
4. What is the main legal issue?
The dispute centres on whether the merger complies with constitutional provisions and the anti-defection law governing elected representatives.
5. Who represented Shiv Sena (UBT) before the Supreme Court?
Senior advocate Devadatt Kamat appeared before the Supreme Court seeking an urgent listing of the matter.
