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July 21, 2026 : The Shiv Sena (Uddhav Balasaheb Thackeray) faction has approached the Supreme Court challenging Lok Sabha Speaker Om Birla’s decision recognising the merger of six of its Members of Parliament with the Eknath Shinde-led Shiv Sena. The petition comes shortly after the Speaker approved the change in the MPs’ political affiliation, increasing the Shinde faction’s strength in the Lok Sabha to 13 ahead of the Monsoon Session of Parliament.
In its plea, the UBT faction has questioned the legality of the Speaker’s decision, contending that a merger of legislators alone cannot be treated as a valid constitutional merger under the Tenth Schedule of the Constitution. It is expected to argue that the original political party must first merge before members of its legislature party can lawfully choose to join another political formation under the anti-defection law.
The dispute centres on the interpretation of the merger exception contained in the Tenth Schedule. According to the UBT faction, legislators cannot independently merge with another faction or political party without a corresponding merger of the original political party itself. The petition seeks judicial scrutiny of whether the constitutional requirements governing political party mergers were satisfied before the Speaker recognised the six MPs’ move.
The latest challenge adds another chapter to the prolonged legal battle between the Uddhav Thackeray-led and Eknath Shinde-led factions, which has continued since the split in the Shiv Sena in 2022. The Supreme Court is now expected to examine the scope of the Speaker’s powers under the anti-defection law and clarify the constitutional framework governing mergers of political parties and their legislature wings.