Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court | Shiv Sena Case Hearing [February 22]

Sibal: You're sidetracking the disqualification proceedings of, toppling a government, and then saying now my speaker will decide.

Sibal: Five, given that an elected govt should be allowed to serve its full term as a matter of constitutional law, can a group within legislative party asserting a seperate identity, dislodge an elected govt while proceedings for disqualification under tenth schedule are pending

Sibal: Fourth, can a group in the legislature party asserting their separate identity have the constitutional authority to alter the leadership of the political party in the house or the whip appointed by the political party in the house?

Justice Narasimha: What you're trying to say is in "per se" cases, should the court get to decide.

Sibal: Yes.

Sibal: What is there for the speaker to decide? You're not usurping anything, you're only declaring.

Sibal: Third, will a group within a legislative party asserting their separate identity and acting de hors the political party and contrary to the decisions have per se incurred disqualification under tenth schedule?

Sibal: Second is can in any legislature, x number of people form a separate identity and say we'll not listen to the party? 

Sibal: The first issue is related to Nabam Rebia. That I have already argued. All I can say that if you allow that law to say, it will be misused, it'll be a new model to topple governments.

Sibal: The 39 members are members of the legislative party. The only issue is that the 39 members cannot hijack the party.

Justice Narasimha: The crucial facts leading to 22nd are completed right?

Sibal: Yes.