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

Kaul: We never said that shivsena shouldn't form the government. We're just saying that we don't want to go with the MVA, our ideologies are at loggerheads.

Kaul: This happened in Yedurappa. SC held that they didn't say they lost faith in the political party- they said that they lost faith in the CM.

Kaul: Now what is the impact of removal of para 3? My submission is that a defence which was available is gone and second, it doesn't concern me. My case is that I, as a faction, represent the recognised political party.

Kaul: Our political party remains the same. We never claimed we are a new political party.

Kaul: Under para 15, within the party itself, a rival faction emerges and goes to ECI says I am the recognised political party. Either none of them get it, or one of them emerges as the political party.

Kaul: Please see para 15 of the Symbols Order. 

The hearing will resume post lunch at 2 pm.

Justice Narasimha: What's the difference between a split and a splinter group?

Kaul: The difference is that I won't face the wrath of tenth schedule.

CJI DY Chandrachud: That's why we have formulated the judicial de facto doctrine where if the appointment of a judge is found to be faulty, it doesn't affect all the decisions taken by the judge.

Kaul: The consequences are disastrous. Constituencies go unrepresented only because disqualification proceedings are pending?