Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case [Feb 28]

Kaul: There cannot be a cut off date for members to lose confidence...Governor will look at representation of MLAs that they're no longer supporting.

CJI DY Chandrachud: There was no intimation that they were withdrawing from alliance.

CJI DY Chandrachud: Why should a government, which has been formed and in respect of which there was no disquiet up until one month ago, face a trust vote?

CJI DY Chandrachud: The attacks etc have nothing to do with governor being asked for a trust vote. There are only two points- 7 independents stop supporting and 34 MLAs have asked Shivsena to exit from INC.

CJI DY Chandrachud asks Sr Adv Kaul to read the letter written by the governor. Kaul reads the letter to the court.

Kaul: The governor comes to an informed decision that the floor test should be conducted. Can any elected government say that I want to continue without facing the floor test?

Kaul: Look at our case. The governor notes that there is violence, attacks. 34 of 55 do not support the ministry. 7 independents who earlier supported have withdrawn. Leader of the opposition says he has lost faith.

CJI DY Chandrachud: In Shivraj Singh, the court held that there was objective material before the governor so we then get some flavour of when the governor can do this.

Kaul: They were part of the government. Two of them were holding ministerial posts.

CJI DY Chandrachud: What is the objective material before the governor?

Kaul: 7 independents...

CJI: Seven independents have absolutely no role in the house.

Justice Narasimha: Were they holding ministerial posts?

CJI DY Chandrachud: Leader of Opposition cannot duck the responsibility to governor by summoning...

Kaul: The leader of opposition didn't do anything. He just bought it to the notice of governor. Governor asked for floor test as per his discretion.