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Sr Adv Neeraj Kishan Kaul starts submissions for Eknath Shinde.

Kaul refers to Nabam Rebia decision to say until Speaker's removal is decided, disqualification cannot be decided.

Singhvi : Justice can be done either if the fetter on the Speaker is lifted or if the floor test is deferred.

Singhvi concludes.

Singhvi : Your lordship has not said anything on Whip issue. Tomorrow whose whip is to be followed? Those who are subjected to Whip of Prabhu will be subjected to the other whip too. They will also issue whip. It will be a piquant situation.

Singhvi : I am the Whip of Shiv Sena recognized long ago much before all this. Now they have proposed an alternate person. In the other writ, Mr.Kaul raised the point Chief Whip is not Mr. Prabhu. Today Mr.Prabhu is Whip recognized by Speaker.

Singhvi : In this case, today the hands of the Speaker are tied. 

Singhvi quotes the above para from the MP assembly case.

"The point of the mater however is that nothing prevents the Speaker from taking a decision either on matters of resignation or disqualification despite convening of a trust vote. That the Speaker has not yet done so, is not a ground to defer the convening of a trust vote".

Singhvi : Unlike the Madhya Pradesh case, Speaker is not a free agent now as your lordships have stopped him.

Singhvi : I am reading this because my learned friends will cite this case to say that floor test can be held even when disqualification proceedings are pending. But the significant difference is that in this case, the Court has interdicted the proceedings.

Singhvi : In that case (MP case), Speaker had not decided and was dilly dallying, there was no court interdiction. I had argued that till the time disqualifications are decided, floor test must not be held. This Court held floor test can be held.