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

CJI DY Chandrachud: Assuming you're right in everything you argued, what is the net conclusion?

Sibal: What is the speaker to decide?

CJI DY Chandrachud: Power to disqualify is with court?

Sibal: They decided in Rana.

Sibal: Tenth schedule cannot be subverted by members of legislative party saying that there is a split in the party.

Justice Narasimha: So what you're arguing is that the issue relating to tenth schedule must be done later and what is to be decided is the status of members outside the party.

CJI DY Chandrachud: According to you, the speaker could not have been thwarted and trust vote could not have been taken place.

Sibal: And the governor could not have sworn in.

CJI DY Chandrachud: It seems that apart from the 39, who were disqualified, other members of your legislative party also voted for Mr Narwekar. Mr Narwekar holds 122- after excluding the 39 and independents.

Sr Adv NK Kaul: The effective strength comes down to 249. Effective votes received were 125, which were over 50% than votes required. Even if there were 39 disqualifications, Mr Narwekar was proved.

Sibal: If your lordships decide against me, it would be permitting toppling of elected governments.

Sibal: The question is very limited- Should the courts would have given time? What was the result of that? There was an elected government in power. Tenth schedule was used to topple the government.

CJI DY Chandrachud: Ultimately you don't face the trust vote?

Sibal: I don't, we've challenged the trust vote also.

Sibal: If they're members of Shivsena, how can they disable the whip and vote for a BJP candidate against Shivsena? There's no evidence required here.