The Supreme Court of India issued notice on a plea challenging the decision of Lok Sabha Speaker Om Birla, which recognized the merger of six Shiv Sena (UBT) Members of Parliament with the Eknath Shinde-led Shiv Sena faction.

The impugned decision had effectively increased the Shinde-led Shiv Sena’s strength in the Lok Sabha from 7 to 13 members.

The Bench also refused to grant immediate interim relief at this stage.

The Bench comprising Justice P.S. Narasimha and Justice Alok Aradhe heard the matter and ordered, "Issue notice. Counsel for the Respondents accepts notice. List after two weeks."

Senior Advocate Devdutt Kamat appeared for the Petitioner, while Senior Advocate Neeraj Kishan Kaul appeared for Eknath Shinde.

Kamat submitted that the issue raised significant questions of constitutional morality and propriety. He contended that six MPs elected on the party’s symbol unilaterally decided to merge with a rival political party when no disqualification proceedings were pending, and the question of deciding on a merger had not arisen.

Highlighting the impugned circular issued by the Lok Sabha Secretariat, Kamat pointed out that the document was signed by a Joint Secretary, without clarity on whether an actual order was passed by the Speaker. He argued that no valid merger existed in law and pressed for interim relief, emphasizing the grave urgency of the matter and stating that delay would defeat the purpose as time was of the essence.

He said, "There is grave urgency in this. That's why I'm beseeching Your Lordships...if this is permitted...all this process gets defeated by efflux of time. Time is the essence. It's my respectful submission."

Per Contra, Senior Advocate Neeraj Kishan Kaul, with Advocate Toshiv Goyal, said, "In the Constitution Bench, to which Your Lordships were party, has negatived every contention being raised by them today on the legislature party, the political party, for the purposes of Tenth Schedule, everything."

Kamat responded, "We are not even on the Tenth Schedule, My Lord. There's no disqualification. I don't know what My learned friend is stating...The Speaker has absolutely no jurisdiction to pass an order of merger."

Justice Narasimha remarked, "These arguments are not meant for us. We have issued notice, right?"

Accordingly, issuing notice to the respondents, the Court directed them to file their counter-affidavits and listed the matter for further consideration after two weeks.

Cause Title: Arvind Ganpat Sawant v. Hon'ble Speaker, Lok Sabha and Ors. [W.P.(C) No. 886/2026]

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