The Supreme Court on Tuesday (October 27) scheduled for final disposal in December a plea filed 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.

A bench of Justice PS Narasimha and Justice Alok Aradhe directed that the matter be listed on December 8 for final disposal.

Senior Advocate Kapil Sibal, appearing for Sawant, expressed concern over the delay in the proceedings, pointing out that the Court had issued notice in July but the Speaker had yet to enter appearance.

"How many months will we have to wait before they enter appearance? In July the notice was issued. What is happening?" Sibal asked.

Justice Narasimha enquired about the Speaker's appearance, asking, "Where is the Speaker?"

Senior Advocate Devadatt Kamat, also appearing for the petitioner, informed the Court that the notice had been served on the Speaker's secretariat.

Noting that the notice had been served and that no appearance had been entered, the Court observed that service was complete and directed that the matter be listed for final disposal.

The matter had come up before the Court in August as well, but was adjourned after the Speaker did not appear.

Background

Sawant has challenged the Lok Sabha Speaker's decision to recognise the merger of six Shiv Sena (UBT) MPs with the Eknath Shinde-led Shiv Sena.

The merger recognition increased the strength of the Shinde-led faction in the Lok Sabha from seven to 13 MPs.

The petition questions the Speaker's decision to recognise the merger, which has implications for the representation of the two rival Shiv Sena factions in the Lok Sabha.

The 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). With the merger, the strength of UBT's MPs in Lok Sabha has decreased to three, whereas Shinde Sena's has increased to 13 MPs.

The Court has now scheduled the matter for final disposal on December 8.