New Delhi, June 17: Shiv Sena (Uddhav Balasaheb Thackeray) MP Arvind Sawant has written to Lok Sabha Speaker Om Birla, following directives from party president Uddhav Thackeray. In his letter, Sawant expressed serious objections to the potential recognition of certain MPs as a separate group or their merger with another political party.
Sawant stated, “Our claim to represent the real Shiv Sena is currently under consideration by the Supreme Court. This letter is written without any adverse effect on that claim. Reports suggest that some MPs elected under the Shiv Sena (Uddhav Balasaheb Thackeray) symbol are contacting or considering contacting your office to seek recognition as a separate group within the Lok Sabha or to merge with another political party. Given that such reports raise issues directly related to the constitutional framework governing political parties and legislative bodies, I find it necessary to record the party’s position and respectfully request that no consideration be given to such claims.”
He further emphasized, “Shiv Sena (Uddhav Balasaheb Thackeray) is the only political party, and this is also the legal position. The existence of the parliamentary party entirely depends on the political party, functioning as an integral part of it. The constitutional framework does not envision the existence of multiple competing groups claiming to represent the same political party within the house. Consequently, there can only be one authorized party leadership, one recognized party whip, and one recognized party structure operating under the authority of the political party and its competent bodies.”
The legal position in this matter has been clearly articulated by the Honorable Supreme Court’s constitutional bench in the case of ‘Subhash Desai vs. Principal Secretary to the Governor of Maharashtra and Others.’ This ruling clarifies several principles directly related to this issue.
Firstly, the previous constitutional recognition of a “split” within a political party has now been abolished. Following the removal of Paragraph 3 of the Tenth Schedule under the Constitution (91st Amendment) Act, 2003, members can no longer invoke claims of division within a political party to avoid disqualification proceedings. Therefore, the constitutional framework does not consider the formation of separate factions within a political party as a valid basis for separate existence in the legislature.
Shiv Sena (UBT) has requested Lok Sabha Speaker Om Birla to ensure that the party continues to be recognized as a single political entity represented by its authorized leader and whip in the house. They demand that no separate recognition, status, privilege, or facility be granted to any alleged faction or breakaway group claiming to represent the party. Should any such request be received, no decision should be made without giving Shiv Sena (Uddhav Balasaheb Thackeray) the opportunity to present its case before your office. The party reserves all its rights under the law, including the right to invoke provisions of the Tenth Schedule and take necessary actions regarding any conduct contrary to the aforementioned constitutional principles.
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