Overview
The Supreme Court on 22 July 2026 declined to grant an interim stay on the decision of Lok Sabha Speaker Om Birla that recognised the "merger" of six Shiv Sena (Uddhav Bal Thackeray) MPs with the rival faction led by Maharashtra Deputy Chief Minister Eknath Shinde. The court, however, will hear the challenge to the Speaker’s order after a two‑week interval.
Key Developments
- The petition was filed by Shiv Sena (UBT) parliamentary party leader Arvind Sawant, alleging that the circular dated 18 July 2026 is "ex facie unconstitutional, illegal and perverse".
- Senior advocate Devadatt Kamat argued that the six MPs merged "unilaterally" without the parent party’s consent and that the circular was issued by a Joint Secretary, not the Speaker.
- Justices P.S. Narasimha and Alok Aradhe asked the Speaker to file a response before any interim relief could be considered.
- The six MPs – Sanjay Deshmukh, Sanjay Jadhav, Sanjay Dina Patil, Nagesh Patil Ashtikar, Omraje Nimbalkar and Bhausaheb Wakchaure – were recognised as part of the Shinde‑led Shiv Sena, raising its Lok Sabha strength from seven to thirteen.
Important Facts
- The merger increased the Shinde faction’s Lok Sabha count to 13 and reduced the Uddhav Thackeray faction to 3 MPs.
- Paragraph 2(1)(a) of the Tenth Schedule disqualifies members who voluntarily give up party membership.
- Paragraph 4 of the same schedule defines a valid merger as one that originates from the original party and is supported by two‑thirds of its legislators.
- A 2023 Constitution Bench judgment in Subhash Desai vs. Principal Secretary, Governor of Maharashtra clarified that the "original political party" and the "legislature party" are distinct concepts under the Tenth Schedule.
Exam Relevance
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