Supreme Court to Examine Speaker's Approval of Shiv Sena Merger; CJI Says 'We Will See'
The Supreme Court on Monday agreed to hear a petition filed by the Uddhav Thackeray-led Shiv Sena (UBT) challenging the Lok Sabha Speaker's decision to approve the merger of 12 party MPs with the Eknath Shinde faction.
A bench headed by Chief Justice of India DY Chandrachud, while issuing notice to the Speaker and the Shinde faction, said, 'We will see,' indicating the court would examine the matter in detail.
The Thackeray faction argued that the Speaker's approval violated the Tenth Schedule of the Constitution, which prohibits defection. Senior counsel Kapil Sibal, appearing for the petitioners, contended that the merger was not valid as it did not involve the original party's consent.
The Shinde faction, however, maintained that the merger was lawful as it represented a majority of the party's legislators. The court has listed the matter for further hearing after two weeks.
The case stems from the June 2022 split in the Shiv Sena, when Eknath Shinde led a rebellion against Uddhav Thackeray, eventually forming a government with the BJP. The Lok Sabha Speaker in February 2023 recognised the Shinde faction as the real Shiv Sena and allowed the merger of its MPs, a move now challenged by the Thackeray camp.
