Supreme Court Adjourns UBT Plea Challenging MPs' Merger With Shiv Sena As Speaker Doesn't Appear

The Supreme Court on Monday adjourned for two weeks the petition filed by Shiv Sena Uddhav Balasaheb Thackeray (UBT) member Arvind Ganpat Sawant challenging the Lok Sabha Speaker's decision approving the merger of its six Members of Parliament with the Eknath Shinde-led Shiv Sena.

A bench comprising Justice PS Narasimha and Justice Alok Aradhe adjourned the matter noting that there is no appearance for the Speaker. The bench had earlier issued notice to the respondents on July 22.

Today, Senior Advocates Neeraj Kishan Kaul and Siddharth Bhatnagar entered appearance for some of the MLAs of the Shinde Sena. However, there was no appearance for the Speaker.

Senior Advocate Kapil Sibal, appearing for the petitioner, submitted that there was an urgent need for interim relief. However, the bench expressed that it would give time to the respondents before deciding on interim relief. Senior Advocate Devadatt Kamat, also for the petitioner, submitted that the attempt of the respondents is to "tide over" the ongoing Monsoon Session of the Parliament.

Sibal argued that the Speaker has no power to pass an order approving the merger, when there is no disqualification petition filed against the MPs. The Speaker can pass an order approving the merger only to reject an application filed under the 10th Schedule of the Constitution. "It is well settled by the judgments of the Supreme Court that the Speaker can decide the issue under paragraph 4 [of the 10th Schedule] only in defence of an application for disqualification. He cannot have any plenary powers," Sibal submitted. Sibal added that no opportunity of hearing was given to the UBT side by the Speaker.

However, the bench noted that there is no appearance for the Speaker and the Joint Secretary ofthe Lok Sabha. Sibal informed that notice was served on them.

On July 22, when the matter was last listed, the bench issued notice to the Lok Sabha Speaker but refused to grant any interim relief stay on the merger order.