Mumbai: In a pre-emptive move against a brewing political rebellion, the Shiv Sena(UBT) leader in the Lok Sabha, Arvind Sawant, in a petition before the Speaker, Om Birla, has sought his intervention to block any attempts by disgruntled lawmakers to orchestrate a fresh split or merger in the Lower House of Parliament.
The extensive four-page letter, dated June 16, was written amid swirling media reports about “Operation Tiger”. The media report suggested that up to seven of the party’s nine Lok Sabha MPs are contemplating breaking away to align with the rival Eknath Shinde-led faction or other political forces.
Sawant has explicitly flagged these backroom manoeuvres. “There are reports appearing in the media that certain Members of Parliament elected on the symbol of the Shiv Sena (Uddhav Balasaheb Thackeray) have either approached, or are contemplating approaching, your office seeking recognition as a separate group or a merger with another political party within the Lok Sabha,” he said.
Sawant emphasised that the parliamentary wing owes its existence entirely to the parent organisational party and that the constitutional framework does not permit “multiple competing formations” to represent the same political party inside the House.
A core segment of Sawant’s petition relied heavily on constitutional law and judicial precedent to dismantle the strategy often used by defecting factions.
Sawant said there is no Constitutional protection for a ‘Split’, and that following the deletion of Paragraph 3 of the Tenth Schedule via the Constitution (Ninety-first Amendment) Act, 2003, the law no longer recognises splinter groups within a legislature as a defence against disqualification.
Citing the Landmark Supreme Court judgment in ‘Subhash Desai vs. Principal Secretary, Governor of Maharashtra & Ors.’ (2023), he has argued that the power to appoint a whip, leader, or issue binding directives flows exclusively from the parent political party, not the legislative group.
Addressing rumours that numerical strength (the two-thirds mark) is enough to break away, Sawant clarified that Paragraph 4 of the Tenth Schedule requires two distinct conditions to be satisfied conjunctively: first, a merger of the original political party itself, and second, the support of at least two-thirds of the legislative members. “Without an actual merger of the organisational Shiv Sena(UBT), any standalone action by the MPs would constitute a voluntary relinquishment of membership, triggering immediate disqualification under Paragraph 2 of the Anti-Defection Law,” he remarked.
Sawant has requested the Lok Sabha Speaker to take the formal representation strictly on record, refuse any separate recognition, status, privilege, or facility to any purported breakaway faction and ensure no decision is taken on any rogue request without first granting the principal Shiv Sena(UBT) leadership a fair opportunity to present its case.
The submission of this letter comes at a highly volatile moment. Rumours have intensified as multiple UBT MPs reportedly arrived in New Delhi simultaneously with Deputy Chief Minister and Shiv Sena chief Eknath Shinde.
Compounding the anxiety within the Uddhav camp, senior MP Sanjay Raut recently launched a scathing attack on the ruling dispensation, alleging that opposition lawmakers were being offered astronomical sums of up to Rs 15 crore each to defect.
While the Shinde faction has publicly dismissed accusations of engineering defections, the appearance of Sawant’s comprehensive legal letter signals that the Thackeray loyalists are bracing for a bruising constitutional battle to protect their presence in Parliament.
(IANS)
