The Supreme Court on Wednesday issued a notice to Lok Sabha Speaker Om Birla and other respondents after Shiv Sena (UBT) challenged the recognition of the merger of six of its Lok Sabha MPs with the Eknath Shinde-led Shiv Sena. However, the apex court declined to immediately halt the merger, stating that it would decide the matter after hearing all concerned parties.
A Bench comprising Justices P.S. Narasimha and Alok Aradhe directed the respondents to submit their replies within two weeks before the matter is taken up for further consideration. During the hearing, the Bench observed, “We have issued notice. We will consider. File counter. After two weeks.”
Supreme Court Issues Notice, Defers Interim Decision
While agreeing to examine the legal challenge, the Supreme Court refused to pass any interim order suspending the Speaker’s recognition of the merger. Instead, it decided to await responses from all parties before determining whether any further judicial intervention is warranted.
The petition was filed by the Uddhav Thackeray-led Shiv Sena (UBT), which has questioned the legality of the Lok Sabha Speaker’s decision recognising six of its elected MPs as members of the Eknath Shinde faction.
Shiv Sena (UBT) Questions Legality of Speaker’s Decision
Appearing on behalf of Shiv Sena (UBT), Senior Advocate Devadatt Kamat argued that the MPs had contested and won the Lok Sabha elections on the Shiv Sena (UBT) symbol and that no disqualification proceedings were pending against them when the merger was recognised.
He further contended that there was no merger of the original political party itself and argued that individual MPs could not independently merge with another political formation without fulfilling the legal requirements governing political mergers.
Kamat also questioned the validity of the Lok Sabha Secretariat’s communication, submitting that it had been issued under the signature of a Joint Secretary without disclosing any formal order passed by the Speaker.
Seeking urgent judicial intervention, he urged the court to suspend the Speaker’s decision, arguing that any delay could weaken the effectiveness of the legal challenge.
Merger Doubled Shinde Camp’s Strength in Lok Sabha
The dispute stems from the Speaker’s decision recognising the merger of six Shiv Sena (UBT) MPs with the Eknath Shinde-led Shiv Sena. Following the move, the strength of the Shinde faction in the Lok Sabha increased from seven MPs to 13.
The revised party strength was subsequently reflected in an official circular issued by the Lok Sabha Secretariat.
Matter to Return After Two Weeks
After hearing preliminary submissions, the Supreme Court chose not to grant interim relief and instead issued notices to all respondents, directing them to file their counter-affidavits within two weeks.
The court is expected to hear the matter again after receiving the responses, when it will examine the constitutional and legal questions raised in the petition.
Why did Shiv Sena (UBT) approach the Supreme Court?
Shiv Sena (UBT) challenged the Lok Sabha Speaker’s decision recognising the merger of six of its MPs with the Eknath Shinde-led Shiv Sena, arguing that the move was legally invalid.
Did the Supreme Court stop the merger?
No. The Supreme Court declined to grant an interim stay on the merger but agreed to hear the matter after seeking replies from the respondents.
What did the Supreme Court order?
The Bench issued notices to the respondents and directed them to file their counter-affidavits within two weeks.
Why is the case significant?
The case raises questions regarding the powers of the Lok Sabha Speaker, the legal validity of political mergers, and constitutional provisions governing elected representatives.
When will the case be heard next?
The Supreme Court is expected to take up the matter again after the respondents file their replies in two weeks.
