Kaul refers to the judgment in "Nabam Rebia vs Dy Speaker, Arunachal Pradesh Assembly" (2016) 8 SCC 1
Kaul : The Constitution Bench of the Supreme Court clearly answers this, kindly read 3 paras..this was informed to the Deputy Speaker and he still proceeds with the notice.
Justice Kant : The question that Deputy Speaker is not competent to proceed when you have moved for his removal, why can't you raise this question before the Deputy Speaker himself?
Kaul : The second issue is the manner in which he is proceeding, in undue haste, without following the principles of natural justice.
Kaul : The more important matter is how can the Deputy Speaker proceed with the issue when a Constitution Bench of the Supreme Court says that he cannot proceed when his removal is in question.
Kaul : In 2019, Shinde was unanimously appointed as leader of party. But in 2022, a suo motu meeting is held a new whip is issued. The ground taken out against me is that I have voluntarily given up the party membership.
Kaul : The most important overarching issue is that the speaker or dy speaker cannot continue till if his continuance is in doubt..
Justice Kant : We do not have means to verify the statements on the houses burning...the second issue by you is there is lack of time given to you respond to the disqualification notice...we have seen the notices...
Kaul submits threats have been issued that "Bodies of 40 parties will arrive and we willl be slaughtered like bulls" and atmosphere is such that they can't exercise their legal rights in Bombay.
Kaul : Third reason is that a minority of the legislative party is subverting the state machinery, attacking our houses, saying that our dead bodies will be returned. Atmosphere is not conducive for us to exercise our rights in Bombay.