Sena (UBT) moves Speaker to block rebel MPs, cites anti-defection law

As speculation grows over a possible rebellion within the Shiv Sena (UBT)'s Lok Sabha ranks, the Uddhav Thackeray-led party has approached Speaker Om Birla, urging him not to recognize any breakaway faction in Parliament and asserting that the Constitution no longer grants legal recognition to a "split" within a political party.

The move is widely seen as a pre-emptive attempt to prevent a repeat of the 2022 Eknath Shinde-led revolt that fractured the undivided Shiv Sena. The development comes amid reports that a section of the party's MPs is in Delhi and could seek recognition from the Speaker as a separate group in the Lok Sabha.

In a detailed letter sent to Birla, Shiv Sena (UBT) parliamentary party leader Arvind Sawant said media reports suggested that some MPs elected on the party's symbol were either planning to approach, or had already approached, the Speaker seeking recognition as a separate bloc or merger with another political party.

Sawant argued that any such move would have no constitutional basis.

"The Shiv Sena (Uddhav Balasaheb Thackeray) is one political party and remains so in the eyes of law," he said in the letter.

The political developments have revived memories of June 2022, when Shinde led a rebellion with a large group of MLAs, triggering a split in the Shiv Sena. The Election Commission later recognised the Shinde camp as the official Shiv Sena.

Amid the fresh uncertainty, the party has also issued a whip directing all its MPs to attend a parliamentary party meeting on 19 June.

Numbers alone do not confer legitimacy

In his letter, Sawant contended that the 91st Constitutional Amendment of 2003 removed provisions that earlier recognized a split in a political party under the anti-defection law.

"The constitutional recognition formerly accorded to a split no longer exists," he said.

He further argued that MPs elected on a party symbol derive their authority from the parent political organization and cannot claim independent legitimacy merely by forming a separate legislature group.

Backing his argument with the Supreme Court's Constitution Bench judgment in the 2023 Maharashtra political crisis, Sawant said the court had reaffirmed the supremacy of the political party over its legislature wing.

"The judgment unequivocally affirms the primacy of the political party over the legislature party. The legislature party does not possess an independent source of authority divorced from the political party," he wrote.

According to Sawant, the strength of a breakaway group inside Parliament cannot by itself confer legal legitimacy.

He also rejected the view that support from two-thirds of MPs automatically protects dissidents under anti-defection provisions.

"Public reports appear to proceed on the erroneous assumption that the numerical requirement alone is sufficient. That is contrary to the Constitution and its interpretation by the Supreme Court," the letter stated.

Explaining the legal position, Sawant said protection under Paragraph 4 of the Tenth Schedule applies only when the original political party formally merges with another political party and not when legislators independently decide to break away.

"Paragraph 4 requires the cumulative satisfaction of two distinct conditions: first, a merger of the original political party; and second, the support of not less than two-thirds of the members of the legislature party concerned," the letter said.

The Sena (UBT) leader urged the Speaker not to entertain any request from rebel MPs and to ensure that no separate recognition, status, privileges or facilities are extended to any faction claiming to represent the party.

He also warned that MPs attempting to function independently of the party's authorised leadership without a formal merger of the original political party could face disqualification under the anti-defection law.

"In the absence of such a merger, conduct whereby members seek to project themselves as a separate political formation may attract the consequences prescribed under Paragraph 2 of the Tenth Schedule," the letter stated.

The party further made it clear that it was prepared to pursue legal remedies against any MP acting contrary to its official leadership.

"The party further reserves all rights available to it in law, including the right to invoke the provisions of the Tenth Schedule and pursue such remedies as may be necessary," the letter added.