Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court Hearing In Shiv Sena case [Feb 23]

CJI DY Chandrachud: Per se when there is a disqualification proceedings have been moved, how can the governor not say this?

Sibal: We still have the numbers. They're only 106. There are independents...

CJI DY Chandrachud: As an abstract constitution principle for the governor, what does he do?

CJI DY Chandrachud: As a hypothesis, we go by what you're saying that these 39 have split and that split is not recognised by Tenth schedule. Therefore they have to go out.

CJI DY Chandrachud: This is not the case where the governor is finding facts in political sphere. The governor knows that disqualification notices have been issued to 16+22. Which disqualification - the moment it attaches to sizeable MLAs, can governor not be justified?

Sibal: Take Maharashtra - there are so many small parties who are supporting whoever is in power. The moment governor does this, buying and selling will start. There's no question of majority, he is the CM.

CJI DY Chandrachud: Can governor say that since strength of ruling government decreases, I want a trust vote?

Sibal: Governor will not do this. That's not his job. There is a sitting CM, this is an elected government.

CJI DY Chandrachud: So then would the governor be justified in calling a trust vote?

Sibal: The arithmetic will decide. There's no discretion here.

CJI DY Chandrachud: Look at it this way- we're not on facts but let's see this. The Shiv Sena has 55. Disqualification notice was issued to 22+60 in 38. So Shivsena is left with 17+ NCP has 53- 70. Congress has 44

Sibal: If the arithmetic is so stacked, he can.