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

The hearing will resume post lunch at 2 pm.

Sibal: What is the scope of powers of commission with respect to determination of split- that's something I'll argue later.

Sibal: What is the impact of removal of para 3 of tenth schedule? I've already argued. In what circumstances speaker recognises the whip? I'm arguing that.

Sibal: If the decision of the speaker that the member has incurred disqualification relates back to the date of the action complained on, what is the status of proceedings that took place during the pendency of disqualification proceeding.

Sibal: Can a constitutional court, in a matter related to disqualification proceedings, decide the matter on its own without refering the matter to speaker for his decision and if so, under what circumstances?

Sibal: So you have a member, who according to me, should be disqualified - voting to topple an elected government without the governor asking him which party you belong to!

Sibal: What is the impact of pending disqualification petitions on the ability of members to participate in a test of strength of floor of house when the vote would have the effect of toppling the government?

Sibal: Next, whether the governor can swear in as a CM a person against whom a notice for disqualification has been issued by speaker acting as the tribunal under tenth schedule and is pending adjudication?

Sibal: Six, should the governor, who is constitutionally obliged to sustain the continuity of elected government, change the status quo by allowing for change in government before disqualification proceedings are decided by speaker?

Sibal: The governor has to decide to administer the oath of office. So 30 people to to him-governor must first ask them which party they are from. Now 39 members cannot represent Shiv Sena. So how does the governor decide to administer oath? There's no party before him