New Delhi: The Shiv Sena (UBT) has challenged in the Supreme Court the Lok Sabha secretariat’s 18 July circular approving the merger of its six MPs with Eknath Shinde-led Shiv Sena, describing the letter as “perverse” and a “constitutional hara-kiri”.
The petition, filed under Article 32 of the Constitution, says that the Tenth Schedule (the anti-defection law) recognises the concept of a merger only as a defence in disqualification proceedings.
In the present case, no disqualification proceedings have been instituted against the six MPs. Hence, to take any decision at this stage is beyond the Lok Sabha speaker’s powers and functions as an officer of the Parliament, it says.
Senior advocate Devdutt Kamat mentioned the petition before a bench led by Chief Justice Surya Kant and sought an urgent hearing. “My functioning as a political party has come to absolute standstill. These MPs are not with me. The Speaker has recognised their merger with another party. And this is for this Parliament session,” Kamat told the court.
The bench, however, did not promise an early hearing, but indicated it would hear the matter on Friday.
The LS circular, the petition submitted, weakens the foundation of “parliamentary democracy” and presented a “stark example of the prevailing constitutional crisis surrounding functioning of political parties in Parliament and in State Legislative Assemblies.”
Urging the court to discharge its role as a guardian of the Constitution, the Shiv Sena (UBT) asked the court to nullify the circular, as it “undermines the democratic framework by functioning in the House in collusion with rival political parties.” Parliamentary democracy is part of the basic structure of the Constitution and the move by the six MPs is a blatant affront to this concept, the Shiv Sena (UBT) has submitted in its petition.
The petition says the circular validated the unilateral acts of the six MPs, who sought to merge themselves with a rival political party—whose candidates they fought during the 2024 Lok Sabha elections—without the consent of their parent political party.
Further, it argues, legislators cannot decide on a merger with another political party, but can only consent to or disagree with the merger of their original political party with another political party.
In the present case, the original political party has categorically asserted that there is no merger. Therefore, the Lok Sabha Speaker or secretariat could not have permitted a group of legislators, irrespective of their numerical strength, to merge into another political party, the petition argues.
Besides, as per the Tenth Schedule, a member cannot change their party affiliation without the consent and support of their original political party.
“It is submitted that the democratic framework enshrined in our Constitution mandates that a member of the House elected on the ticket of a political party is bound to act in the House in accordance with the directions and whips issued by that political party. This constitutional position is well settled and recognised by this Hon’ble Court,” the petition states.
Taking strong exception to the six MPs joining the Eknath Shinde group, the UBT faction of the Shiv Sena also raised a moral argument. It claimed the electorate had reposed faith in the UBT faction’s philosophy while choosing the six.
All the UBT faction candidates had fought the Shinde-led Shiv Sena to counter its campaign that revolved around usurping Balasaheb Thackeray’s legacy, says the petition.
By choosing them, the electorate had accepted and validated UBT’s campaign, its leadership and organisation, it adds.
“The entire organisation, rank and file, and the leadership of the political party put immense effort and resources in campaigning for and securing the victory (of the six MPs,” the petition submits.
But within two years of their election, the MPs have betrayed the electorate’s faith and claimed to ‘merge’ with the rival political party, it says.
“Such action is a blatant affront to the very concept of parliamentary democracy enshrined in the Constitution which is based on the functioning of political parties,” the petition added.
Moreover, there is no clarity whether this impugned circular has been issued in response to a representation by the six MPs, seeking recognition. This is because, the Shiv Sena (UBT) said, it has not been provided with any copy of the said representation.
“Thus, the impugned circular is in clear violation of the principles of natural justice, is arbitrary, and consequently violative of Article 14 of the Constitution,” the petition added.
(Edited by Ajeet Tiwari)