Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case
Sibal: The bottom line is, there is no concept of split anymore.
Sibal: If you're disqualified you cannot be a minister. Now your disqualification is pending before the court, before the speaker. And you're appointed at the minister?
Sibal: Yes and they never said they had a split. They said they're the real shiv sena.
CJI DY Chandrachud: Quantam of split was not defined interestingly.
Sibal: What we need to note is that he cannot vote contrary to direction issued by political party. So it's the political party, not the legislative party, who issues directions.
Sibal: They don't consider the organisation. They consider the majority who as per us are disqualified...and give it to them.
Sibal: We both relied upon the 2018 constitution. But the commission in its order said that the 2018 constitution was not put before them.
Sibal: It's not as if it's some overwhelming majority with them. 3 Rajya sabha are with us. 6 in lok sabha are with us. So in two houses they have majority, in two houses, we have majority.
Sibal: Election commission, on 8th Oct, without hearing either of the party, freezed the symbol of bow and arrow. Hearing is mandatory.
Sibal: I told them that if they take the symbol and then get disqualified, what happens to the symbol? Do we then get back the symbol?