Shiv Sena (UBT) leaders on Wednesday met Lok Sabha Speaker Om Birla and urged him not to approve the merger of six party MPs with the Eknath Shinde-led Shiv Sena, arguing that such a move was not permitted under the Tenth Schedule of the Constitution.
Shiv Sena (UBT) MPs Arvind Sawant and Anil Desai met Birla two days after six of the party’s nine Lok Sabha members publicly joined the Shinde-led Sena in Mumbai. The rebel MPs had justified their decision by saying alignment with the ruling side would help secure more development funds for their constituencies.
“We told the Speaker that the Tenth Schedule of the Constitution clearly states that even if a group constitutes two-thirds of a legislature party, it cannot independently join another party. Such a group cannot merge with another party on its own,” Desai told reporters after the meeting. He said that their party chief Uddhav Thackeray had even written a letter to the Speaker, urging him to act in accordance with the Constitution.
According to Desai, Birla assured them that any decision would be taken strictly in accordance with constitutional provisions. “The Speaker said that whatever is written in the Constitution and whatever the provisions are, the decision will be taken accordingly,” he said, adding that the party had faith in the Speaker as the custodian of Parliament to ensure justice.
Before formally joining the Shinde-led Sena, the six MPs were believed to have written to the Speaker last week, seeking recognition of their merger with the rival faction. However, the rebel MPs have not made the letter public. The Speaker’s office has also not officially confirmed receiving the letter.
Desai said the Speaker did not categorically confirm to them whether such a letter had been received. “We asked him if any application had been submitted, what it contained and what points had been raised by the defecting MPs,” he said.
Responding to their query, the Speaker said that any application received by his office would be examined by officials in accordance with the rules and constitutional provisions, Desai added.
MP Arvind Sawant, who accompanied Desai, however, claimed that the Speaker denied having received a letter from the defector MPs. “We asked him (the Speaker) to let us know if he received any letters. He said he did not receive any letters, and then we drew his attention to the provision in the Tenth Schedule and urged him to protect the Constitution,” Sawant told reporters.
The defecting MPs have, however, maintained that the Constitution permits a merger when at least two-thirds of a legislature party agrees to it. With six of the Shiv Sena (UBT)’s nine Lok Sabha members backing the move, they contend that they meet the threshold required for a legally valid merger and are therefore protected from disqualification under the anti-defection law.