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

CJI DY Chandrachud: This line of argument by you is possibly buttressed by 2B of the tenth schedule which says that if he votes or abstains from voting contrary to directions issued by political party which he belongs...

Sibal: It'll be entirely unworkable because then you'll say that there's no relationship between members of the legislature and the party- they are independent of the party, they can take whatever decision they like. It'll be destructive of basic structure of system of governance

Sibal: This is unheard of in any democracy, any legislature.

Sibal: 50 people can actually oust the party whip appointed by the party- that's the consequence.

Sibal: Let's assume this can all be done. Then 50 people in the house can actually have a leader in the house without reference in the party.

Sibal: He was neither the member of council, nor CM

CJI DY Chandrachud: Only issue is that that was not the process which was originally followed when the chief whip or group leader was nominated unless we also postulate that when the group leader and chief whip were originally nominated, Thackeray was acting as party.

CJI DY Chandrachud: If this outcome has to be lawfully achieved- of removing chief whip/leader, what is the course of action?

Sibal: They have to go to the party, call a meeting to the party- the Pratinidhi Sabha. They have never been to the party.

Sibal: This is the outcome if this is held to be valid. An elected govt can be removed anytime depending on the arithmetic.

Sibal: So he is acting as a group leader of the member of legislative assembly. So in any assembly 10 people can get together and remove the whip And then they can go to the opposite party & destabilize the govt and have their own CM