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

CJI DY Chandrachud: In a situation of para 15, there is no question of voluntarily giving up membership, right?

Kaul: Absolutely.

Kaul: Pendency of disqualification proceedings is no ground to prevent an MLA from voting.

Kaul: Acts done during the pendency of disqualification proceedings remain untouched.

Kaul: When you participate as an elected representative and vote on the floor of the house...

Justice Kohli: Can you draw a line?

Kaul: You can't!

CJI DY Chandrachud: In a situation where the ECI recognise a faction as the political party, can this at all be in the purview of the tenth schedule?

Kaul: According to us, not at all.

Kaul: Speaker's interaction is with the whip, the leader - what are the directions given. He will not embark into what is to be done inside a political party.

Justice Narasimha: Leave aside their argument of distinction between legislature and political party. You're arguing that speaker has to go by number of people...

Kaul: And go with the whip.

Justice Narasimha: But there are two whips. So the whip appointed by majority?

Justice Narasimha: Your answer is that Speaker has no option other than going with the majority?

Kaul: Yes, the mistake here is the segregation of the legislature and the political party.

Justice Narasimha: What does the speaker does in situations where you raise that you're the political party? What is the inference he is to draw- that this is not tenth schedule?

Kaul: Here the only allegations against me is that you didn't attend two meetings.