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The legal battle over the control of the Shiv Sena has intensified once again. In a major development, the Supreme Court has declined to grant an immediate stay on the Lok Sabha Speaker’s controversial order approving the merger of six Shiv Sena (Uddhav Balasaheb Thackeray) MPs into the rival Shiv Sena faction led by Maharashtra Chief Minister Eknath Shinde. While refusing to issue an interim stay, the apex court has officially sought responses from the Speaker’s office and the six defecting lawmakers, setting the next hearing for two weeks later.

Uddhav Thackeray Camp Challenges Unconstitutional Merger in Apex Court

Representing the Uddhav Thackeray-led faction, senior advocate Devadutt Kamat strongly argued before the bench that the merger is fundamentally unconstitutional and violated anti-defection provisions. Kamat submitted, “We already have a pending legal dispute with the other party. These MPs, who won on our ticket, could not have unilaterally decided to merge. The Speaker has also approved the merger. This decision was taken to influence the current session of Parliament.” Citing Article 10 of the Constitution, the Thackeray camp pressed for an urgent stay, noting that the timing of the decision was strategically designed to weaken their representation during the ongoing Parliament session.

Shinde Faction Defends Speaker’s Decision as Completely Correct

On the opposing side, senior counsel Neeraj Kishan Kaul, appearing for the Eknath Shinde-led Shiv Sena, countered the arguments by defending the legitimacy of the political shift. Kaul stated that the team would formally respond to every legal point raised and emphasized that the Lok Sabha Speaker’s decision to greenlight the merger was entirely correct and compliant with parliamentary procedures. A bench comprising Justices P.S. Narasimha and Alok Aradhe noted that while notices are being issued to all concerned parties, a judicial order on a stay can only be passed after hearing the defense’s comprehensive response.

Breakdown of the Defection and Shifting Parliament Numbers

The high-stakes political tremor involves six prominent Lok Sabha MPs from the Uddhav Thackeray camp who officially crossed over to the Shinde faction. The lawmakers who executed the merger include Sanjay Deshmukh (Yavatmal), Sanjay Jadhav (Parbhani), Sanjay Dina Patil (Mumbai North East), Nagesh Patil-Ashtikar (Hingoli), Omprakash Rajenimbalkar (Dharashiv), and Bhausaheb Wakchaure (Shirdi). Following formal approval from Lok Sabha Speaker Om Birla, the political landscape in Parliament has shifted dramatically. The strength of the Eknath Shinde-led Shiv Sena in the Lok Sabha has jumped from seven to 13 members, while Uddhav Thackeray’s faction has been reduced to just three MPs. This latest legal confrontation traces back to the historic 2022 Maharashtra political crisis when Eknath Shinde led a massive rebellion, eventually winning official recognition and the ‘bow and arrow’ election symbol from the Election Commission in February 2023—a core dispute that remains sub judice before the Supreme Court.