Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court Hearing In Shiv Sena Case [March 1]

CJI DY Chandrachud: They're right to this extent that the request to swear in Shinde as the CM and the opportunity given to him to prove his majority - came into being only because the speaker couldn't disqualify Shinde.

CJI DY Chandrachud: If you say in affirmative, you know how the voting has taken place.

Kaul: Right, my lords are absolutely right.

CJI Chandrachud: Suppose the interim order was not passed on 27th and say the speaker had disqualified the persons, would the governor still been justified in calling a trust vote?

Kaul: It cannot be a headless government. When we are testing the action of governor, there may be two views. Why did the CM not face the floor test? He refused to face the floor.

CJI DY Chandrachud: As a matter of propriety, should the governor have invited Mr Shinde to form the government?

Kaul: Is the decision of speaker such that your lordships under 32 will intervene in it?

Kaul: In G Vishwanathan, two members were suspended from AIADMK and jjoined MDMK, and then act of disqualification was moved. 

Kaul: In Ravi Naik, there were photographs of MLAs with opposite parties. These are overt acts. In this case, the whole basis is that you didn't attend two meetings.

Kaul: A speaker can definitely wait till the disqualification. He should be keen to prove his majority.

CJI DY Chandrachud: The order of the ECI is prospective. Then we'll have to hold that it doesn't date back to defiance of whip. Then para 2(1)(b) will also not operate. Willy nilly it will impact, it will have a retroactive effect