Breaking: Maharashtra Floor Test- Supreme Court To Pronounce Order At 9 PM Today-LIVE UPDATES

Singhvi : My question to myself is, once your lordships have intervened, how does anybody set it right if the Government is voted on a person who is disqualified from June 21.

Singhvi : I am about to cite a case which my friends are inching to cite quoting my arguments against myself.

Justice Kant : This Court extended time in the exceptional circumstance that the petitioners have sent a letter that the Dy Speaker is not entitled to hold the office and that you have lost majority. In that circumstance, the order was passed.

Singhvi : Absent your lordships deferment, Speaker would have decided this way or that way. And it would have been with effect from June 21/22. They cannot be treated as Members from inception. This is a cart before horse situation.

Singhvi :...cannot have it both ways. 10th schedule represents a Constitutional Sin.

Justice Kant : We are all unanimous that 10th schedule is a robust provision and that we should strengthen that. No doubt.

Justice Kant : ...approached the Court questioning the competence of Speaker. Is it your case that in the second situation the disqualification is deemed to have happened.

Singhvi : Yes, the fact that the Court has interdicted the process, then the persons who sought the stop

Singhvi : Court might be allowing people who are disqualified from June 21 to vote.

Justice Kant : There are 2 situations. One where Speaker has actually passed the orders and they are pending judicial review. The other is where Speaker initiated the process and some one has

Singhvi : It is directly interrelated. Court has held that disqualification once found by Speaker relates back to the date of disqualification. These MLAs would stand disqualification on 21st when they complained to Speaker. So they cannot be treated as members from that date

Justice Kant : How does the floor test depend upon the qualification or disqualification issue? 

Justice Kant : Is there a constitutional provision?

Singhvi : I will get back to your lordships query. Normally the vote of confidence can't be held without 6 months interval. Look at the balance of convenience otherway round..