'Approval is illegal’: Sena-UBT after Speaker's nod to six rebel MPs merger with Shinde camp, says will challenge move

The Shiv Sena (UBT) on Saturday said it would challenge Lok Sabha Speaker Om Birla's decision to approve the merger of six of its Lok Sabha MPs with the rival Shiv Sena led by Maharashtra deputy chief minister Eknath Shinde, reported by PTI. They called the move "illegal" and contrary to the provisions of the Constitution.Shiv Sena (UBT) MPs in the Lok Sabha with Shinde Sena party supremo Eknath Shinde. (ANI/Raju Shinde via HT)The development comes after the Lok Sabha Speaker recognised the merger of six MPs from the Uddhav Thackeray-led Shiv Sena (UBT) with the Shinde-led faction, altering the party's strength in the Lower House and intensifying the political battle between the two rival Sena factions.Also read: 6 UBT MPs’ merger with Shinde Sena gets Lok Sabha Speaker’s approvalSena (UBT) questions legality of mergerShiv Sena (UBT) leader Ambadas Danve said the Speaker's decision violated the anti-defection provisions contained in the Tenth Schedule of the Constitution and would be challenged before the court.As per the tenth schedule of the Constitution, a party can merge with another party but not a group of legislators on their own, Danve said, adding that the dissident Shiv Sena (UBT) MPs could have formed a separate group."The approval is illegal. We will challenge the decision," Danve said according to PTI.The remarks came after Lok Sabha Speaker Om Birla accepted the merger of the six MPs into the Shinde-led Shiv Sena. The move has further widened the political divide between the two factions that have been locked in a prolonged legal and political battle since the split in the party in 2022.Also read: Shiv Sena UBT sends letter to 6 rebel MPs over ‘merger’ with Shinde campThe dispute over the latest development centres on the interpretation of the anti-defection law under the Tenth Schedule, which lays down the conditions under which legislators can avoid disqualification in the event of a merger or split. While the Sena (UBT) argues that only a political party can merge with another party, it contends that a group of MPs cannot independently merge with another political formation.The approval by the Speaker, however, effectively recognises the six MPs as members of the Shinde-led Shiv Sena in the Lok Sabha.Also read: Has India's anti-defection law become the biggest weapon in battle for power?Shinde Sena welcomes Speaker's decisionThe rival Shiv Sena faction defended the Speaker's order, maintaining that the merger was carried out strictly within the constitutional framework.Sanjay Nirupam, former MP and a member of the Shinde-led Sena, said the decision did not violate the anti-defection law."All six MPs parted ways (with the Uddhav Thackeray-led Sena) within the complete constitutional and legal framework of the anti-defection law. Accordingly, the Lok Sabha Speaker has allowed the merger. We welcome the decision," he said.The Speaker's decision marks another chapter in the continuing rift between the Uddhav Thackeray and Eknath Shinde camps over the control and recognition of the Shiv Sena. Since the party split, both factions have been engaged in multiple legal and constitutional disputes over the party's name, symbol and legislative strength.The latest dispute is also expected to revive questions over the interpretation of the anti-defection law, with the Sena (UBT) indicating that it will seek judicial intervention against the Speaker's order.(With inputs from PTI)