3 weeks ago
Supreme Court adjourns hearing on Shiv Sena-UBT MPs merger plea
Two groups both say they are the real Shiv Sena party.
Some members of Parliament from the Uddhav Thackeray group wanted to join the group led by Eknath Shinde.
The Speaker of the Lok Sabha said this joining was allowed.
The UBT group was not happy and asked the Supreme Court to stop it.
The Supreme Court did not stop the merger for now.
It also did not say the merger is okay forever.
The judges will look at the case again after two weeks.
They want the Speaker and others to explain their side.
So for now, the Shinde group keeps its bigger number of MPs in Parliament.
The Supreme Court adjourned by two weeks the hearing on Shiv Sena (UBT)'s plea challenging Lok Sabha Speaker Om Birla's approval of the merger of six of its MPs with the Shinde-led Shiv Sena.
The court refused to grant an interim stay, so the Speaker's decision recognising the merger remains operative for now.
Speaker Om Birla approved the merger on July 18 ahead of the Monsoon Session, raising the Shinde faction's strength to 13 MPs and reducing UBT to three.
The six MPs who merged are Sanjay Jadhav, Sanjay Dina Patil, Sanjay Deshmukh, Omraje Nimbalkar, Nagesh Patil Ashtikar and Bhausaheb Wakchaure.
Senior advocate Kapil Sibal argued the Speaker has no plenary powers and can only decide on disqualification applications, while the court sought responses from the Speaker and other respondents.
- Who
- The Shiv Sena (UBT) faction challenging Lok Sabha Speaker Om Birla's approval, before a Supreme Court bench of Justices P S Narasimha and Alok Aradhe, with senior advocate Kapil Sibal appearing for the petitioner.
- What
- The Supreme Court refused an interim stay and adjourned by two weeks the hearing on the merger of six UBT MPs with the Eknath Shinde-led Shiv Sena.
- Where
- The Supreme Court in New Delhi.
- When
- The hearing was adjourned on Monday, August 10; Speaker Om Birla approved the merger on July 18.
- Why
- The UBT faction argues the merger is unconstitutional and that the Speaker lacks plenary powers to recognise it, while the Speaker's order remains operative pending the legal challenge.
Shiv Sena (UBT) / Uddhav Thackeray camp
Shinde-led Shiv Sena / Eknath Shinde camp
Lok Sabha Speaker's authority
Shiv Sena (UBT) / Uddhav Thackeray camp
The Speaker lacks plenary powers and can only decide a matter in defence on an application for disqualification, so recognising the merger raises serious constitutional questions.
Shinde-led Shiv Sena / Eknath Shinde camp
The Speaker's order recognising the merger stands as valid and operative for now, giving the Shinde faction the benefit of the larger parliamentary strength.
Validity of the merger
Shiv Sena (UBT) / Uddhav Thackeray camp
Six MPs elected on the Shiv Sena (UBT) ticket in the 2024 Lok Sabha elections cannot simply be treated as merged with the rival faction without examining constitutional and legal requirements.
Shinde-led Shiv Sena / Eknath Shinde camp
The merger has been formally recognised by the Lok Sabha Speaker, and the Supreme Court declined to stay it, so it remains in effect while the legal challenge continues.
Key facts
- Court
- Supreme Court of India
- Bench
- Justices P S Narasimha and Alok Aradhe
- Petitioner's counsel
- Senior advocate Kapil Sibal
- Speaker's approval date
- July 18, ahead of Parliament's Monsoon Session
- Merged MPs
- Sanjay Jadhav, Sanjay Dina Patil, Sanjay Deshmukh, Omraje Nimbalkar, Nagesh Patil Ashtikar, Bhausaheb Wakchaure
- Shinde faction strength after merger
- 13 MPs
- UBT strength after merger
- 3 MPs
- Next hearing
- After two weeks
Quotes
Kapil Sibal
Senior advocate representing Shiv Sena (UBT) petitioner
“The Supreme Court on Monday adjourned by two weeks the hearing on a plea filed by the Shiv Sena (UBT) challenging the Speaker’s approval to the merger of its six MPs with the Shiv Sena led by Maharashtra Deputy Chief Minister Eknath Shinde. The Supreme Court will hear the matter after two weeks.”
theprint.in
Sources
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