Supreme Court Refuses to Stay Speaker Om Birla’s Approval of Merger of Six Uddhav Sena MPs with Shinde Faction
The Supreme Court on Tuesday declined to grant interim relief to the Shiv Sena (Uddhav Balasaheb Thackeray) faction by refusing to stay Lok Sabha Speaker Om Birla’s decision recognising the merger of six of its Members of Parliament with the Eknath Shinde-led Shiv Sena. While issuing notice on the petition, the Court directed the respondents, including the Lok Sabha Speaker, to file their replies and scheduled the matter for further hearing after two weeks.
The challenge was filed after Speaker Om Birla, on July 18, formally recognised the merger of six Shiv Sena (UBT) MPs into the Shinde-led Shiv Sena, significantly strengthening the latter’s presence in the Lok Sabha. The Uddhav Thackeray faction has questioned the legality of the recognition, arguing that it violates constitutional and statutory safeguards under the Tenth Schedule dealing with defection.
During the hearing, senior counsel appearing for the petitioners urged the Bench to immediately suspend the Speaker’s order, contending that irreversible consequences would follow if the recognised merger was allowed to operate pending adjudication. The Supreme Court, however, declined to pass any interim order, observing that it would first hear all parties before considering the legality of the Speaker’s decision.
The petition raises important constitutional questions regarding the scope of the Speaker’s powers in recognising mergers within parliamentary parties and the safeguards available under the anti-defection law. The Uddhav Sena contends that the conditions prescribed for a valid merger were not satisfied and that the recognition undermines the mandate secured by the party during the general elections.
The Speaker’s approval marks another major development in the prolonged political and legal battle between the rival Shiv Sena factions that began with the 2022 split. While the Election Commission had earlier recognised the Shinde-led faction as the official Shiv Sena and allotted it the party’s traditional “Bow and Arrow” symbol, disputes over defections and legislative recognition have continued before various constitutional forums.
With the Supreme Court refusing to stay the Speaker’s decision at this stage, the merger will continue to remain operational until further orders. The Court’s eventual ruling is expected to clarify the limits of the Speaker’s authority in recognising parliamentary mergers and may have significant implications for the interpretation of the anti-defection law and future disputes involving splits and mergers within political parties.
