Rebels, merger and anti-defection: What are Uddhav Sena's options now?

Published 18 June 2026 · india

As Uddhav Thackeray-led Shiv Sena (UBT) stares at a fresh split, the party leadership is strategising its next course of action against the rebel MPs

As Uddhav Thackeray-led Shiv Sena (UBT) stares at a fresh split, the party leadership is strategising its next course of action against the rebel MPs who are allegedly preparing to align with the rival Shiv Sena led by Eknath Shinde. While the UBT camp is weighing both legal and political countermeasures, senior leader Sanjay Raut has already signalled an aggressive response, warning of "Operation Tudwa" (bash up) against the defectors. Read Full Story The unfolding crisis has set the stage for another battle over the anti-defection law and the future of Shiv Sena (UBT)'s parliamentary strength. According to sources, the first option being considered by the Uddhav camp is to seek the disqualification of the rebel MPs under the anti-defection provisions contained in the Tenth Schedule of the Constitution. Under the Tenth Schedule, MPs and MLAs can be disqualified if they voluntarily give up the membership of the political party on whose ticket they were elected. However, the law provides an exception in cases of a merger. A key legal question that remains contentious is whether a merger can be validly claimed solely on the basis of support from two-thirds of the members of a legislature party, or whether such a merger must also involve the "original political party." The issue continues to be sub-judice.

Any challenge mounted by the UBT camp is likely to trigger a prolonged legal and constitutional battle, as the matter ultimately falls within the jurisdiction of the Speaker and hinges on the interpretation of the anti-defection law. The UBT leaders Ravi Sawant, Sanjay Raut and Ravindra Desai have already met Lok Sabha Speaker Om Birla and urged him to ensure that the original party's position is heard before any claim by dissident MPs to form a separate faction or seek recognition is entertained. The Uddhav camp has also cited the Supreme Court's landmark judgment in the case of Subhash Desai vs Maharashtra Governor judgment, which emerged from the 2022 split in the undivided Shiv Sena led by Eknath Shinde. While the court did not restore the Maha Vikas Aghadi government headed by Uddhav Thackeray, it delivered several significant findings that strengthened the constitutional position of the Thackeray faction. Among its key observations, the Supreme Court held that for the purposes of the Tenth Schedule, the relevant unit is the political party and not merely the legislature party. The court also clarified that the defence of a "split" is no longer available under the anti-defection framework, meaning legislators cannot escape disqualification merely by claiming that they represent a large breakaway faction within a party.