Overview
The Supreme Court agreed on 21 July 2026 to hear an urgent petition filed by the Shiv Sena (Uddhav Bal Thackeray) (UBT) party. The petition challenges the decision of Lok Sabha Speaker Om Birla to approve the "merger" of six UBT MPs with the rival Shiv Sena faction headed by Maharashtra Deputy Chief Minister Eknath Shinde ahead of the Monsoon session.
Key Developments
- UBT argues that the six MPs merged without a formal merger of the original political party, violating the anti‑defection law.
- Senior advocate Devadatt Kamat highlighted that such unilateral "mergers" are becoming a loophole for horse‑trading.
- The Court will also consider a related petition by Congress leader Girish Chodankar on the constitutionality of legislature‑party mergers.
Important Facts on the Anti‑Defection Law
Paragraph 2(1)(a) of the Tenth Schedule disqualifies members who voluntarily give up party membership. Paragraph 4 specifies that a valid merger must:
- Be initiated by the original political party itself.
- Receive the support of at least two‑thirds of its legislators.
A 2023 Constitution Bench in Subhash Desai vs. Principal Secretary, Governor of