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

Sibal: In September, your lordships said no stay. We went back. We interpreted that order to mean that the proceedings before commission should go on. Problem is we told commission that if you take test of organisation, you'll have to consider 38 or 39.

Sibal: This is ofcourse if your lordships agree that you cannot appoint a whip from outside.

Sibal: If my lordships agree that whips cannot be appointed in this fashion, our notices should be quashed.

Sibal: Your lordships have noticed that Gogawale was appointed as whip from Assam. Whips cannot be appointed in this fashion. Speaker recognises Gogawale. Then legislators are issued notice of disqualification.

Sibal: There has to be a party supporting- there must be an alliance. Governor cannot decide. He must ask what party you belong to.

Sibal: If they were so concerned, they should have voted against the whip.

Sibal: How could the trust vote be called? Trust vote means you have prima facie lost confidence. Governor knows that this government hasn't lost confidence.

Sibal: The way to ensure that the government doesn't fall is to move the no confidence motion. Why didn't they move? The only way out for them was this conspiracy which was hatched much earlier. That's why they went to Gujarat and Assam.

Sibal: There are multi parties and suddenly no confidence is moved. And in the meantime some disqualification proceedings are pending. At that stage the governor doesn't bother with disqualification petitions.

Sibal: Second limb is how does he call Eknath Shinde to administer oath of office?

Sr Adv Mahesh Jethmalani: Factually, that's incorrect.