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

Senior Advocate NK Kaul: Their legal argument is that SupremeCourt should bypass entire constitutional machinery of coordinate constitutional authorities & decide this by itself, without speaker having decided it. Contrary to all judgements.

Salve: Second, Nabam Rebia is a thorny issue. I have already made my submissions.

Third, No impediment in issuing directions to speaker to decide. But, that is where this case must end now.

Salve: What wrong has the governor done? Former CM tenders resignation, ofc he has to accept the resignation...

In whatever reasonable time, speaker will decide all pending disqualifications. If anyone is dissatisfied A226 remedy there.

Salve: ...Till disqualification is decided, entitled to participate and vote. But yes, the system & court are not powerless. If it is found that trust vote is vitiated by large no of people who are disqualified after, intervention merited.

Salve: ...What would have happened if a trust vote had actually happened. this court has never concluded that pendency of challenge to someone continuing in this house renders that person legally disqualified until requalified.

Salve: I commend this judgement for Your Lordship's acceptance. It is sound on principal & sound on logic. To close, this court is being invited to embark on an entirely political journey - which is to speculate what would have happened...

Salve reads out from Keisham Meghachandra Singh v The Hon'ble Speaker Manipur Legislative Assembly.

Salve: Your Lordships have said that let democracy play out on the floor of the house. That is the position laid down in SR Bommai. Governor did nothing wrong by calling the floor test. As far as the Nabam Rebia, it might need to be relooked.

Salve: Everything cannot be scrambled like this just by approaching #SupremeCourt. This court cannot issue direct a CM who has resigned to come back...Whenever there is a question, governor must call for a vote of confidence, nothing wrong.

Salve: There was a provision for a split, which has now been deleted. Sizeable number...Kihoto might need relook, has this law become anti-dissent?

CJI: What is a sizeable number?

Salve: Not for the court to decide.