Maharashtra Politics- Shiv Sena Vs Shiv Sena- Supreme Court Hearing- LIVE UPDATES

CJI : Okay Mr.Salve, I will take as first case tomorrow morning

CJI : Let us see tomorrow morning. Salve will redraft his submissions.

Singhvi : On June 27, only me and Kaul were present. The only argument was that stop the Dy Speaker from deciding. Speaker's hands were tied and floor test was allowed.

Jethmalani : The decision of the Full House cannot be a matter for judicial review. Let the constitutionally and lawfully elected Speaker decide.

Jethmalani : The previous government did not elect a Speaker for over one year. The Constitution mandates that new Government must elect Speaker. On the new govt being elected after CM resigned, they have elected a Speaker after a contest. It was a majority of 154-99.

Jethmalani : New government came in not becuase the Chief Minister was defeated in the floor test. It was becuase he resigned. If a Chief Minister refuses to take the floor test, it has to be presumed he does not have majority.

Sr Adv Mahesh Jethmalani (For Shinde camp) : The propositions of the other side are based on theory of deemed disqualification. 

Kaul : An argument is sought to be made that just because the disqualification is pending, which is the sole jurisdiction of the Speaker, in the meantime the EC should not excercise its jurisdiction. That cannot be. Two are unrelated.

Kaul : An IA has been moved in the petitions relating to disqualification to restrain the EC. It is the EC's exclusive jurisdiction to decide.

SG : In Manipur case also, the Court gave a time line as Speaker was not deciding. It is not a correct proposition of law to say that this Court can decide the disqualification issue at the first instance.