The Supreme Court on Monday adjourned for two weeks the hearing on a petition filed by Shiv Sena (Uddhav Balasaheb Thackeray) leader Arvind Ganpat Sawant challenging the Lok Sabha Speaker’s decision recognising the merger of six UBT MPs with the Eknath Shinde-led Shiv Sena.
A Bench comprising Justice PS Narasimha and Justice Alok Aradhe deferred the proceedings after noting that there was no appearance on behalf of the Lok Sabha Speaker. The Court had earlier issued notice on the petition on July 22.
Senior Advocate Kapil Sibal, appearing for Sawant, submitted that the petitioner was seeking interim relief against the Speaker’s decision and urged the Court to consider the matter.
The challenge arises from the Speaker’s recognition of the merger of six Members of Parliament belonging to the Shiv Sena (UBT) with the rival faction led by Maharashtra Deputy Chief Minister Eknath Shinde. Following the decision, the Shinde-led faction’s strength in the Lok Sabha rose from seven to 13 MPs, while the UBT faction was left with three MPs.
The petitioner has questioned the constitutional and legal validity of the Speaker’s decision, raising issues concerning the operation of the anti-defection framework under the Tenth Schedule of the Constitution.
The UBT faction has contended that the Speaker could not have recognised the merger merely on the basis of the number of MPs claiming to have joined the rival faction. It has also questioned the circumstances in which the decision was taken and argued that the merger raises significant questions concerning parliamentary procedure and constitutional propriety.
When the matter was previously taken up, the Supreme Court declined to grant interim relief at that stage but agreed to examine the challenge and issued notice to the concerned respondents, including the Lok Sabha Speaker.
The petition further raises questions regarding the applicability of the merger exception under the Tenth Schedule and whether the requisite constitutional conditions were satisfied for the six MPs to be recognised as having merged with another political formation.
The Supreme Court’s scrutiny assumes significance against the backdrop of the continuing legal and political contest between the rival Shiv Sena factions over the party’s legislative representation and authority.
The matter will now come up after two weeks for further consideration.
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