The Supreme Court on Wednesday declined to grant interim relief against Lok Sabha Speaker Om Birla’s decision recognising the merger of six Shiv Sena (Uddhav Balasaheb Thackeray) MPs with the Eknath Shinde-led Shiv Sena.
A Bench comprising Justices PS Narasimha and Alok Aradhe issued notice to the Lok Sabha Speaker on the plea filed by the Shiv Sena (UBT), while directing that the matter be taken up after two weeks.
The Court, however, refused to stay the merger at this stage.
Senior Advocate Devadatt Kamat, appearing for the Uddhav Thackeray-led faction, contended that the six MPs had been elected on the Shiv Sena (UBT) symbol and that no disqualification proceedings were pending against them. He argued that the question of a merger had therefore not arisen and questioned the Speaker’s jurisdiction to recognise such a merger.
Kamat further submitted that the Lok Sabha circular reflecting the change in the party position did not disclose any formal order passed by the Speaker approving the merger. He alleged that the process had been “orchestrated” and urged the Court to intervene urgently, arguing that delay could render the proceedings ineffective.
The Speaker’s decision resulted in the Shiv Sena’s strength in the Lok Sabha rising from seven to 13 members. The revised party position was subsequently reflected in a Lok Sabha circular.
The Supreme Court, while seeking the Speaker’s response, declined to grant a stay on the decision for the time being.
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