Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case

Sibal: Chief whip and the deputy whip are appointed by the political party.

CJI DY Chandrachud: Who determines who is the political party?

Sibal: There is no contest. There has to be a split in the party. It is nobody's case. They're saying they're the Shivsena.

Sibal: A majority in the legislature, is treating itself as a political party and making orders for its own benefits. That's the constitutional issue that you have to decide.

Sibal: When your lordships will see the petition before the Election Commission, till the 18th of July, there is no reference to any meeting of any political party. So all this was happening outside the political party.

Sibal: Leader of the house has to come from the political party. That letter is being written by the speaker. For example, when Mr Kharge became the leader, Mrs Gandhi wrote that letter. So on what basis did the speaker do it?

CJI DY Chandrachud: Sorry for keeping you waiting.

Sibal: I was on the list of dates, let me finish that.

The bench will resume hearing after lunch at 2 pm.

Sibal: Please consider the decision. Whatever the outcome is, let the outcome be. But a shortcut of this nature will be wrong...

CJI DY Chandrachud: We have to also factor relief which the constitution court is to give to take the argument to its logical conclusion.

CJI DY Chandrachud: We are saying if we assume you're correct where will it lead?

Sibal: You can say that you decide it within 7 days, we're sitting here, if there's an order against you come up in appeal and we'll decide the matter.

CJI DY Chandrachud: Just as you say that the speaker could not have taken the decision, once we apply the position, we have to apply across the spectrum. We have to replace the institutional mechanism which is provided by tenth schedule itself.