Shiv Sena turf war reaches Supreme Court as Uddhav faction challenges six MPs’ switch
The Sena (UBT) alleged that the Speaker’s decision had serious consequences for parliamentary functioning
The Shiv Sena (UBT) has escalated its dispute to the Supreme Court, challenging the Lok Sabha Speaker's recent decision to recognize the merger of six of its Members of Parliament with the faction led by Maharashtra Deputy Chief Minister Eknath Shinde. Represented by senior advocate Devadatt Kamat, the UBT faction has deemed the matter to be of significant constitutional importance, asserting that the Speaker's ruling has effectively stalled their parliamentary activities. The Shinde-led Shiv Sena faction maintains that the move by the six MPs fulfills the two-thirds majority stipulation outlined in the anti-defection law. However, the Shiv Sena (UBT) contends that the Tenth Schedule of the Constitution mandates a merger of the original political party, not solely its legislative wing, to qualify for protection against disqualification.
The Shiv Sena (UBT) has escalated its dispute to the Supreme Court, challenging the Lok Sabha Speaker's recent decision to recognize the merger of six of its Members of Parliament with the faction led by Maharashtra Deputy Chief Minister Eknath Shinde. Represented by senior advocate Devadatt Kamat, the UBT faction has deemed the matter to be of significant constitutional importance, asserting that the Speaker's ruling has effectively stalled their parliamentary activities. The Shinde-led Shiv Sena faction maintains that the move by the six MPs fulfills the two-thirds majority stipulation outlined in the anti-defection law. However, the Shiv Sena (UBT) contends that the Tenth Schedule of the Constitution mandates a merger of the original political party, not solely its legislative wing, to qualify for protection against disqualification.
The Shiv Sena (UBT) has escalated its dispute to the Supreme Court, challenging the Lok Sabha Speaker's recent decision to recognize the merger of six of its Members of Parliament with the faction led by Maharashtra Deputy Chief Minister Eknath Shinde. Represented by senior advocate Devadatt Kamat, the UBT faction has deemed the matter to be of significant constitutional importance, asserting that the Speaker's ruling has effectively stalled their parliamentary activities. The Shinde-led Shiv Sena faction maintains that the move by the six MPs fulfills the two-thirds majority stipulation outlined in the anti-defection law. However, the Shiv Sena (UBT) contends that the Tenth Schedule of the Constitution mandates a merger of the original political party, not solely its legislative wing, to qualify for protection against disqualification.
The Shiv Sena (UBT) has approached the Supreme Court challenging Lok Sabha Speaker Om Birla’s decision to recognise the merger of six of its MPs with the Shiv Sena faction led by Maharashtra Deputy Chief Minister Eknath Shinde.
The petition was filed through senior advocate Devadatt Kamat, who urged a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi to list the matter for hearing on Wednesday.
Calling it a matter of constitutional importance, Kamat argued that the Speaker’s decision had serious consequences for parliamentary functioning.
“This is an important matter. The Speaker has recognised the merger of my six MPs with the rival party. This concerns an important constitutional position. The recognition was granted late on Saturday night, and it has brought the party’s parliamentary work to a standstill,” Kamat told the court, according to a Bar and Bench report.
The Chief Justice agreed to list the plea but did not specify whether it would be taken up on Wednesday.
The six MPs joined the Shinde-led Shiv Sena last month after breaking away from the Uddhav Thackeray-led faction, taking the Shinde camp’s strength in the Lok Sabha to 13. The Shinde faction has maintained that the switch satisfies the two-thirds requirement under the anti-defection law.
“These six MPs have come with us with a two-thirds majority. After consulting legal experts, they met the Lok Sabha Speaker and completed every procedure, including submitting the required documents and video recordings,” Shinde had said last week.
However, the Shiv Sena (UBT) contends that a group of legislators cannot merge with another political party solely on the basis of securing a two-thirds majority. It argues that the Tenth Schedule of the Constitution requires a merger of the original political party, not merely its legislature party, for such protection from disqualification to apply.
Senior Shiv Sena (UBT) leader Sanjay Raut also questioned the Speaker’s decision, arguing that the Tenth Schedule does not permit legislators to claim the benefit of a merger without a corresponding merger of the original political party.