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

Kaul: See the danger- if such MLAs against whom disqualification is pending are prevented to participate, it would open up serious possibilities of misuse of tenth schedule.

Kaul: They're saying everything should be annulled because everything happened because of your lordships order.

Kaul: Without the speaker exercising his jurisdiction or the governor taking action in consonance with the ECI, how can the court say that an MLA is to be disqualified? It's like annulling the mandate of people.

Kaul: We came under 32 because Kihoto doesn't deal with the issue we canvassed.

Kaul: Your lordships have been asked to bypass the entire constitutional machinery. These are coordinate constitutional authorities vested with some jurisdiction. Their decisions attain finality.

Kaul: This is in the teeth of Kihoto because ultimately under para 6 of the tenth schedule, the speaker is the sole constitutional authority to decide the issue of disqualification.

Kaul: They want the speaker to decide what the ECI is meant to decide. Legislature party and political party as per us are not distinct. They're connected to each other.

Kaul: Speaker at this stage only goes by what the leader communicates. Speaker has no independent tools to find out. They attempt to get out of it by saying you're only the legislature party. Our contention is who decides?

Senior Advocate NK Kaul refers to the Rules of Maharashtra Legislative Assembly.

Kaul: According to us, that legislature party has the authority of the political party. That convention has existed all through.