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

Sibal : Their argument is they have the majority. But the majority is not recognised by the tenth schedule. Any form of split is violative of tenth schedule.

Sibal : You can't claim that you are the political party. And you say you are the political party sitting in Gauahati. Political party is decided by the Election Commission. You can't declare sitting in Gauahati.

Sibal : Whip is the link between the political party and the legislature party. The idea of whip being, once you are elected, it is not that the umbilical party connecting you to the political party is not severed.

CJI : According to you, they have to merge with BJP party or they have to form a new party and register with election party.

Sibal : That is the only defence possible.

Sibal now refers to para 2(1)(b) of tenth schedule which relates to disqualification due to voting in violation of official whip.

Sibal : By conduct they (Shinde group) have given up the party membership. They can't claim to be original party. 10th schedule does not allow that.

Sibal : This court in Karnataka assembly case held that giving up of party membership amounts can be inferred from conduct. Here, they were called for party meeting, they went to Surat and then to Guwahati. They wrote to Dy Speaker, appointed their whip.

Sibal refers to explanation to para 2- "an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member".

Sibal refers to the definition of "origianl political party" in the 10 th schedule - "Original political party”, in relation to a member of a House, means the political party to which he belongs for the purposes of sub- paragraph (1) of paragraph 2"

Sibal : What they are arguing is they are the original party. That is not permissible. They admit before the Election Commission that there is a split.

CJI : Split is not a defence for them.