Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case [March 14]

CJI: Best if you & Dr Singhvi can...

Sibal: May not be possible. Your Lordships have been so very patient with all of us.

CJI (to Sr Adv Devadatt Kamat): Ten minutes on the clock for you.

Kamat: Alright.

CJI: 11 AM tomorrow.

Bench rises.

Sibal: You could tell me which areas need clarification, & I will answer.

CJI: You can start your rejoinder, & if we feel you can go to the next point, we will tell you.

Sibal: No issues. 

CJI: Mr Sibal, how long will you take after that? Between you & Dr (Abhishek Manu) Singhvi...

Sibal: I'll take the end of the day because 5 days have been taken this side.

CJI: But, we will have to wrap it up...

CJI (to Solicitor-General): Mr Mehta, how long will you take?

Mehta: One hour...maybe 5-10 mins more.

CJI: We will give you an hour tomorrow between 11 AM and 12 noon.

Singh concludes, "The only thing that survives is whether the Rabam Nebia decision needs to be referred to a larger bench. Nothing else survives, it is only academic, especially when gentleman concerned did not face the confidence vote."

Singh: I will read few portions of the decision of this court in Yediyurappa & thereafter shall sit down immediately.

Everyone on the bench starts laughing.

Singh reads out from the judgement.

Singh: ...Abuse of the process. And they are raising it to a deemed disqualification.

Narasimha J: You are on merits, in sense that speaker could not have gone into this issue.

Singh vehemently disagrees.

Singh: When there is no whip, can 2(1)(a) be invoked by speaker with respect to two meetings of the party & not a vote in the house...Impermissible...Usurpation of non-existent jurisdiction.

Singh: One of the rights of elected candidates is to speak against own party if need be. Can this be curtailed totally in name of party discipline & embarrassment. Should this be eliminated? (Refers to Kihoto Hollohan)

Singh: Suggestion that there is something called deemed disqualification, which is contrary to our constitutional scheme, is preposterous & does not deserve to be entertained even as an argument.