SC issues notice on UBT Shiv Sena’s plea challenging Speaker’s recognition of merger of six Lok Sabha MPs

UBT demands speedy disposal

Senior Advocate Devdatt Kamat, appearing for the petitioner, submitted that the Speaker’s decision raised “important questions of constitutional morality and propriety”. He argued that six MPs elected on the Shiv Sena (UBT) symbol had been recognised as having merged with the rival Shiv Sena faction even though no disqualification proceedings were pending. “The question of deciding on the merger has not even arisen”, he added.

Reading from the impugned circular, Kamat pointed out that it had been signed by a Joint Secretary. “We don’t even know if the Speaker has passed an order,” he said. Referring to the revised party position in the Lok Sabha, he submitted that the original strength of Shiv Sena (UBT) had been reduced from 9 MPs to 3 after 6 MPs were added to the Shinde-led Shiv Sena, increasing its strength from seven to 13.

When Justice Narasimha asked, “You mean there has been no merger?”, Kamat replied, “There is absolutely no merger”, and that the 6 MPs had unilaterally decided to join the rival political party. Seeking interim relief, Kamat contended that the exercise had been “orchestrated” in view of the ongoing Monsoon session of the Parliament and urged the Court to take up the matter next week. Stressing the urgency, he submitted, “All these processes get defeated by efflux of time,” and argued that the Speaker had no jurisdiction to recognise the merger. The Bench, however, declined to pass any interim order.

Senior Advocate Neeraj Kishan Kaul, appearing for the respondents, submitted that the petitioner’s contentions regarding the legislative party had already been negatived. Kamat, in response, maintained that the present challenge concerned the Speaker’s lack of jurisdiction to recognise the alleged merger.

The matter has been listed after two weeks.