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

Sibal: Would it not be better for the purposes of democratic traditions that you should await your hand till the disqualification proceedings happen?

Sibal: So these broadly are the issues that you might wish to decide. Let's now see the list of dates.

Sibal: What is the role of ECI in deciding such matter?

Sibal: Two factions have risen pursuant to the split in the party. Then which faction should get the symbol of the party?

Sibal: If the proceedings are imbued with illegality, what should be the attitude of court in given matter.

Sibal: The other issue is that can a court without refering the matter to speaker, decide the matter on its own, given the fact that there are no disputed facts?

Sibal: It is a case of people who allege that they are a party because they are the legislature? What then are the powers of governor? If the governor swear him in as the CM, he actually topples a democratically elected govt. 

Sibal: The other issue is- can a governor swear in a member of a legislative party against whom a disqualification proceeding is going on? What then are the powers of governor in matters of disqualification?

CJI DY Chandrachud: If we accept your submission then that would mean that unless the ECI decides on a merger outside the house, the speaker cannot take decision?

Sibal: No, the ECI doesn't have the power. 

Sibal: Yes, that's my submission. Whip is issued outside the house, translated inside the house.