Supreme Court refuses to stay Speaker Om Birla's decision to clear Uddhav Sena MPs' merger with Shinde Sena

The Supreme Court on Wednesday asked Lok Sabha Speaker to respond to a petition challenging his decision to recognize the merger of six Shiv Sena (UBT) MPs with Eknath Shinde-led Shiv Sena.

A Bench of Justices PS Narasimha and Alok Aradhe, however, declined to immediately stay the merger.

"We have issued notice. We will consider. File counter. After two weeks," the Court said.

Speaker OM Birla had recognized the merger of six MPs of Uddhav Thackeray-led Shiv Sena (UBT) with Shine-led Shiv Sena on June 18, leading to an increase in its strength in the Lok Sabha from seven to 13.

This decision was reflected in a circular issued by the Lok Sabha about the revised party position in the lower house of the parliament. Shiv Sena (UBT) then filed a plea before the top court to challenge the merger.

Senior Advocate Devadatt Kamat, representing Shiv Sena (UBT), argued today that the case involves important questions of constitutional morality and propriety.

"6 MPs chosen on my party symbol. No disqualification proceedings are pending. Question of deciding on the merger has not even arisen. Please have a look at the circular which was issued," Kamat said.

Kamat added that the circular was signed by a joint secretary and there was no disclosure whether the Speaker had passed any order to approve the merger.

"These 6 MPs unilaterally decide that now Shiv Sena UBT has to merge with rival political party. There is absolutely no merger," he submitted.

Kamat urged the Court to pass an interim order to stay the decision.

"This whole thing has been orchestrated. There is grave urgency. Your lordships are well aware. All these processes get defeated by afflux of time. We are not on the 10th schedule. Speaker has no jurisdiction to pass order on merger," he said.

However, the Court declined to consider the prayer for stay at this stage.