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

Sibal: This is not a stage when government is being elected. This is a stage when an elected government is running. So your lordships will have to decide what are the discretionary powers of the governor in that context. 

Sibal: Para 3 is deleted. The governor by his action recognises para 3, he recognises the split.

Sibal: Uddhav Thackeray was the president of Shivsena. In what capacity did the governor give audience to Eknath Shinde and gave him an oath as CM? 

Sibal: The governor is not empowered under law to recognise who is the Shivsena. That is the domain of the Election Commission.

Sibal: The constitution prohibits recognition of rebel MLAs of a political party under the tenth schedule and the action of the governor legitimises what is expressly prohibited by the Constitution.

Sr Adv Kapil Sibal: I now want to come back to the issue of governor.