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

Kaul: The whip as per us is not Mr Prabhu and we are not obliged to follow his directions.

Kaul: As far as the tenth schedule is concerned, an attempt is made to say that this is only the legislature party and not the political party. I never said that two are different. Our argument is that this decision has authority of political party.

CJI DY Chandrachud: A split doesn't postulate that people who are part of the party leave the party. Tenth schedule will also operate even if they're all in the party. It makes no difference to tenth schedule as to who remains in the minority.

CJI DY Chandrachud: Does that obviate the fact that this is a rival faction and a split within the meaning of the tenth schedule?

CJI DY Chandrachud: Once a tenth schedule is attached, it makes no difference as to whether the rival factions claims to be erstwhile political party or makes a new political party. 

Kaul: A symbol can't be split into two. A competent body has said that I represent a rival faction which is now the political party. That decision is exclusively with the ECI.

Kaul: The ECI decides on the splinter groups/rival factions. I have never claimed a split. I am claiming a rival faction within the party which is now recognised as Shivsena.

Kaul: When an overwhelming number of MLAs write to you saying that ministry doesn't enjoy majority, what is wrong with the governor asking for a floor test?

Kaul: We are dealing with three constitutional authorities. An attempt is to confuse issues as far as exclusive jurisdiction of these authorities is concerned.

Justice Shah: Can it not be said that by issuing the fresh whip, they have accepted the faith of the trust vote on 4th?

Kaul: Yes, that's the case.