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

Kaul: ...We will have unrepresented constituencies in a country where democracy is the bedrock.

Shah: If speaker does not decide for a no. of years? To say that disqualification cannot be related back...

Kaul: Till order, he continues...

Kaul: A 190(3) read with A 191 says vacancy arises when you incur disqualification (either u/ A 191(1) or 191(2))...This indicates that vacancy only arises after a decision is taken as to the disqualification. 

Kaul: Rana was a decision where the Supreme Court exercised its jurisdiction to say on the day of disqualification, split had not happened...speaker went ahead with split. Facts regarding disqualification will go back to day of disqualification.

Kaul: ...Today, can your lordships say that we will decide this? Taking away jurisdiction of all other coordinate and competent constitutional authorities. 

Narasimha J: ...It is slippery ground in that sense that speaker is now expected to take prima facie view, & with regard to the material available in front of him.

Kaul: A CB has held that speaker cannot take anything but a prima facie view.

Narasimha J: ...What are the contours of that? Another aspect is, this being jurisdictional fact, when speaker concludes that it is not a case of split, you go out of tenth schedule...goes to judicial review on this point.

Narasimha J: ...As I was indicating earlier, it may be a jurisdictional fact. Here, difference between a split & case that you set up (where you control political party) is very thin. V easy for speaker to say prima facie it is there or not.

Narasimha J: Difficulty arising because you are formulating principle of prima facie view. Your defence in case of split is realignment. That is fine, but principle has to be formulated wrt decision of speaker...

Kaul: Your Lordships are being asked to bypass the election commission, speaker & governor - three constitutional authorities vested with specific powers & areas of concern & interference...

Kaul: This court has said speaker will not embark on independent inquiry on split in the party, de hors disqualification. Wrt disqualification, only a prima facie view to be taken. They are asking speaker to usurp power which they don't have.