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

Sibal: You 45 people, or 40, we're not on that are members of legislative assembly. You have appointed your own chief whip- this is per se illegal. This doesn't emanate from the party. Members of legislature cannot pass such a resolution, cannot defy whip, cannot remove whip.

Justice Shah: So according to you, the decision of the legislative party will always be on the advice of the party?

Sibal: Yes, that's the norm in all parties.

Justice Shah: So the resolutions were not passed in the party meeting. They were passed in the meeting of legislative party.

Sibal: Yes, it never happens in party meeting. Legislative party has to accept the leader.

Sibal: That's the process- party conveys, deputy speaker accepts. That's the case all over India.

CJI DY Chandrachud: It says that the power to take decisions was entrusted to Mr Thackeray. And then an election was held for leader and whip. And then it is ratified by all MLAs.

Justice Kohli: The same letter is in Marathi here. What you gave was translation. Maybe the Chief can throw some light...

[CJI DY Chandrachud reads the letter in Marathi]

CJI DY Chandrachud: Let's go to the rules of the assembly to see how whip is nominated...

Sibal: Rules don't say that. But they're governed by the discipline of the party.

Sibal: On 25th November 2019, Uddhav Thackeray was not the Chief Minister, but only the president of the party.

CJI: What does it mean that they're appointed as Shiv Sena leaders?

Sibal: Some are elected, some are appointed.

CJI DY Chandrachud: No but what are they elected as?

Sibal: Rastriya Karyakarini

CJI DY Chandrachud: Oh, National executive. I see

Sr Adv Kapil Sibal: I just want your lordships to go through the documentation. First document, dated 27th February 2018...