Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case [Feb 28]

Kaul: What is the basic premise of the case of petitioners? That because there was a split in the legislative party, we the respondents stand per se disqualified. And so the SC should bypass all coordinate authorities to hold we're disqualified.

Sr Adv NK Kaul: My submission is that a large number of arguments have gone far beyond the questions referred to the bench.

Senior Advocate Kamat concludes his submissions. The bench has risen for lunch. Senior Advocate NK Kaul will commence his arguments on behalf of the Shinde faction at 2 pm.

Kamat: If it is held otherwise, it would have complete disastrous consequences as far as the tenth schedule is concerned.

Kamat: The decision of the ECI declares a party. That can only have a prospective effect. It can't relate back. It's a quasi judicial adjudication. That adjudication results in an order declaring XYZ as a political party.

Kamat: If the contention of my learned friend is accepted that there can't be a disqualification proceedings, this will lead to hiatus of working of constitution.

Kamat: When there is an intra party dispute- can MLAs take the defence that I am the political party and I will indulge into prohibited conduct under tenth schedule?

Kamat: Political parties are not anomalous. It is very clear- who are the members, what is the leadership structure. So when the tenth schedule says directions of political party- it means directions expressed by leadership

Kamat: As far as Shivsena is concerned, the leadership structure was communicated in January of 2018. 

Kamat: What is the meaning of a political party? Ultimately, decisions of the political party are expressed through its leadership.