The Supreme Court of India has scheduled a constitutional petition filed by Shiv Sena (UBT) parliamentarian Arvind Sawant for final disposal in December, following the non-appearance of legal counsel representing the Lok Sabha Speaker’s office. The long-pending plea challenges the parliamentary decision recognizing the breakaway faction of Shiv Sena members as the legitimate parliamentary party and sanctioning their formal legislative merger.
Sawant’s petition argues that the presiding officer of the Lok Sabha acted without jurisdiction and violated the anti-defection provisions contained in the Tenth Schedule of the Constitution by acknowledging the factional split without requiring a complete party merger as mandated by statutory law. Senior advocates representing the petitioner urged the bench to establish authoritative guidelines defining the constitutional limits of legislative speakers’ administrative recognition powers. The apex court noted that ample notice had been served on the legislative secretariat and ordered all participating parties to submit their comprehensive written propositions and legal precedents well in advance of the December hearing.
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Sources:
https://www.livelaw.in/amp/top-stories/ls-speaker-doesnt-appear-in-ubt-plea-against-shivsena-mps-merger-supreme-court-lists-matter-for-final-disposal-556130