- Shiv Sena (UBT) MP urged Speaker against recognizing breakaway faction.
- This follows speculation concerning six UBT MPs’ potential defection.
- UBT stressed political party’s primacy, citing anti-defection law.
Mumbai: Shiv Sena (UBT) party MP Arvind Sawant has urged Lok Sabha Speaker Om Birla not to grant recognition to any “breakaway” group claiming to represent the party, amid speculation of an imminent rebellion in the Uddhav Thackeray camp.
The development comes as at least six of the nine Sena (UBT) MPs are speculated to be preparing to form a separate group in the Lok Sabha.
Sawant claimed the authority to determine leadership within the House, to appoint the whip, and to issue directions regarding legislative conduct flows from the political party. “The legislature party does not possess an independent source of authority divorced from the political party,” he said in a letter to Speaker Birla late Tuesday night.
On Sunday, five MPs skipped a meeting called by Shiv Sena (UBT) chief Uddhav Thackeray and attended it online.
While MPs Arvind Sawant, Anil Desai, Rajabhau Waze and Sanjay Patil attended the meeting in person, Omprakash Raje Nimbalkar, Bhausaheb Wakchaure, Nagesh Bapurao Patil Ashtikar and Sanjay Deshmukh joined online. Another MP, Sanjay Jadhav, spoke to Thackeray over the phone, Sena (UBT) leader Sanjay Raut had said.
Sawant, in the letter, said reports are appearing in the media that certain MPs elected on the Shiv Sena (UBT) symbol have either approached or are contemplating approaching his office seeking recognition as a separate group or a merger with another political party within the Lok Sabha.
Such issues pertain directly to the constitutional scheme governing political and legislative parties, he said, adding that the letter written by him be taken on record.
“The Shiv Sena (Uddhav Balasaheb Thackeray) continues to be recognised as a single political party represented in the House through its duly authorised leader and whip, and that no separate recognition, status, privilege or facility be accorded to any purported faction or breakaway group claiming to represent the party,” Sawant said.
“No decision be taken on any such request, if received, without first allowing the Shiv Sena (Uddhav Balasaheb Thackeray) an opportunity to place its submissions before your office,” he requested.
The Sena (UBT) 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 in relation to any conduct inconsistent with the constitutional principles referred to above, Sawant said.
Citing the Tenth Schedule, which deals with defections in political parties, the Sena (UBT) leader, referring to a merger of the original political party and the support of not less than two-thirds of the members of the legislature party concerned, claimed, “The two requirements operate conjunctively and not disjunctively.” “The numerical requirement alone is sufficient. That is contrary to the Constitution and its interpretation by the Supreme Court,” Sawant said.
The parliamentary party owes its existence entirely to, and functions as a constituent part of, the political party. The constitutional framework does not envisage the existence of multiple competing formations claiming to represent the same political party within the House, the Lok Sabha MP said.
Consequently, there can be only one authorised party leadership in Parliament, one recognised party whip, and one recognised party structure acting under the authority of the political party and its competent organs, he added.
Citing a Supreme Court judgment about the disqualification of Sena (UBT) MPs in 2023, Sawant said the constitutional recognition formerly accorded to a “split” no longer exists.
Following the deletion of Paragraph 3 of the Tenth Schedule by the Constitution (Ninety-first Amendment) Act, 2003, members can no longer rely upon a claim of division within a political party as a defence to disqualification proceedings. The constitutional framework therefore does not recognise the creation of splinter groups within a political party as a legitimate basis for separate existence in the legislature, he said.
The judgment unequivocally affirms the primacy of the political party over the legislature party, he emphasised.
Any claim by a section of members to establish a separate leadership structure, appoint a rival whip, or function autonomously from the political party would be fundamentally inconsistent with this principle, he further said.
“The combined effect of the above principles is that the relief reportedly sought, namely, recognition of a separate group or faction or merger with another political party of the Shiv Sena (Uddhav Balasaheb Thackeray) within the Lok Sabha is unsupported by the constitutional framework governing political parties and legislative parties,” Sawant added.
Shiv Sena (UBT) Rajya Sabha MP Sanjay Raut late Tuesday night claimed that an “advance of Rs 15 crore” is being given to “buy MPs from Maharashtra”, adding fuel to the intense buzz that a section of the party’s Lok Sabha members could switch sides.
Earlier on Tuesday, the speculation about an imminent rebellion by Sena (UBT) MPs, tentatively on a Trinamool Congress (TMC) template, strengthened with Pratap Sarnaik of the ruling Eknath Shinde-led Shiv Sena hinting at welcoming dissidents and giving them priority should they jump ship.
(Disclaimer: This report has been published as part of the auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)
