The Supreme Court on Tuesday (October 27) scheduled for final disposal in December a plea by Shiv Sena (UBT) MP Arvind Ganpat Sawant challenging Lok Sabha Speaker Om Birla's decision to recognise the merger of six Shiv Sena (UBT) MPs with the Eknath Shinde-led Shiv Sena, after noting that the Speaker had not entered appearance despite notice being issued in July, Live Law reported. A bench of Justice P.S. Narasimha and Justice Alok Aradhe directed that the matter be listed on December 8 for final disposal.
Source: Live Law
"How many months will we have to wait before they enter appearance? In July the notice was issued. What is happening?" Senior Advocate Kapil Sibal, appearing for Sawant, asked, expressing concern over the delay, Live Law reported. Justice Narasimha enquired, "Where is the Speaker?" Senior Advocate Devadatt Kamat, also for the petitioner, told the court the notice had been served on the Speaker's secretariat. Noting that service was complete and no appearance had been entered, the court listed the matter for final disposal. The case had also come up in August, when it was adjourned after the Speaker did not appear.
Source: Live Law
The merger recognition, made ahead of the Monsoon Session of Parliament, increased the Shinde-led faction's strength in the Lok Sabha from seven to 13 MPs and reduced the UBT faction to three MPs, India Legal reported. The six MPs are Sanjay Deshmukh (Yavatmal), Sanjay Jadhav (Parbhani), Sanjay Dina Patil (Mumbai North East), Nagesh Patil-Ashtikar (Hingoli), Omprakash Rajenimbalkar (Dharashiv) and Bhausaheb Wakchaure (Shirdi). The Supreme Court had issued notice on July 22 but refused interim relief staying the merger at that stage.
Source: India Legal
In the petition (W.P.(C) No. 886/2026), Sawant contends, as an allegation, that a merger under Paragraph 4 of the Tenth Schedule can be decided by the Speaker only in defence of a disqualification application, that the Speaker has no plenary power to approve a merger on his own, and that the UBT side was given no opportunity of hearing before the decision, LawBeat reported in its coverage of the earlier hearings. The plea questions the constitutional validity of the recognition and its implications for the two rival Shiv Sena factions in the Lok Sabha.
Source: LawBeat
The December 8 hearing will be the final-disposal stage of the challenge, meaning the court is expected to hear the parties fully and decide the questions raised against the Speaker's recognition of the merger, rather than adjourn for further replies.
Source: Live Law