Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court Hearing In Shiv Sena case [Feb 23]

CJI DY Chandrachud: Shivsena has 55, congress has 44, NCP is 54, BJP is 106 and independents would be...

Sibal: 123

CJI DY Chandrachud: Once the governor is in possession of facts which indicate that out of 55 MLAs, 38- there are disqualification proceedings against...

CJI DY Chandrachud: Two sets of people can go. The opposition can go or the defecting MLAs can go.

Sibal: No, they can't.

Sibal: Governor prima facie on the arithmetic must come to the conclusion that the leader of the house has lost majority. How will he decide? When somebody goes to him.

Sibal: It's not for the governor to say that. It's for people in the house to go to the governor and say.

CJI DY Chandrachud: Could the governor not say that you have your majority in your house? Alright I exclude the 20 who have disqualification. Demonstrate to me that you still have 40 MLAs.

Justice PS Narasimha: You're saying that it's constitutionally impermissible to take cognisance?

Sibal: Governor cannot help in toppling of government.

Sibal: Governor cannot say I assume this or that. This is a constitutional process. Toppling of government is to be prevented.

Sibal: That stage will arise if the disqualification proceedings are decided.

CJI DY Chandrachud: Defection which operates to exclude them from membership of the house, it also affects the legitimacy of the government.