Seeking an interim stay, Kamat contended that the merger order was signed by a joint secretary and not by the Speaker.

Kamat said the matter “raises important questions of constitutional morality and propriety, goes to the heart of parliamentary democracy.” He contended that “the whole thing” was “orchestrated only for the purposes of Parliament session…”.

‘MPs betrayed electorate’s faith’

In his petition, Sawant said the members of Parliament who merged with the rivals were given tickets by the Shiv Sena (UBT) and contested the Lok Sabha elections under the party’s name and symbol (the flaming torch). “The entire organisation, rank and file, and the leadership of the political party put immense effort and resources in campaigning for and securing their victory…from their respective constituencies,” he said.

He added that the electorate in these constituencies reposed faith in Uddhav Thackeray’s ideology and leadership. “The Lok Sabha elections in 2024 were fought, inter alia, against the candidates sponsored by Shiv Sena, led by Eknath Shinde. The campaign, inter alia, revolved around the usurpation of the legacy of Balasaheb Thackeray by Eknath Shinde through illegal means and unconstitutionally orchestrated defections. The electorate of their constituencies, in electing…accepted and validated the campaign carried out by the SS (UBT) leadership and organisation”.

Sawant said in the petition that the MPs have “betrayed the faith of the electorate”, and added that their action “in defiance of their parent political party is without any constitutional or legal sanction” and “is a blatant affront to the very concept of parliamentary democracy enshrined in the Constitution, which is based on the functioning of political parties”.

Appeal to Supreme Court

The plea said “the impugned circular amounts to a constitutional hara-kiri, and weakens the very foundation of our parliamentary democracy. In fact, the present case is a stark example of the prevailing constitutional crisis surrounding the functioning of political parties in Parliament and in state Legislative Assemblies.”

It urged the court to “discharge its role as the guardian of the Constitution to issue effective directions striking down the impugned circular and nullify the attempts of” the MPs “to undermine the democratic framework by functioning in the House in collusion with rival political parties.”

The Shiv Sena (UBT) leader said that “parliamentary democracy being a part of the basic structure of our Constitution”, it is imperative for the court “to save our democracy from the political machinations” of MPs.