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

Kamat: Deciding a whip has nothing to do with the parliamentary business. Second, this is not a case of procedural irregularity but a case of constitutional illegality.

Kamat: The decision of the speaker of 3rd July 2022 is not a proceeding in the legislature of the state.

Kamat: There are only two defences taken- one, this is an issue which is covered by 212 and courts cannot get into it; second, in any event it is the legislature party which decides the whip.

Kamat: The letter was addressed by Shivsena legislature party at best.

Kamat: My argument is limited to the second part - as far as replacement of Sunil Prabhu by Bharat Gogawale. Only material before speaker was letter of 22nd June of Mr Shinde which encloses resolution of 21st.

Kamat: This decision is taken after the election of the speaker after 3rd.

Kamat: The grounds raised are that the speaker could not have acted on the legislative party.

Kamat: I will limit myself to challenge of 3rd July 2022. This challenge was an independent challenge.

Sr Adv Devadatt Kamat: I have made chart. Please see.

Sr Adv Kapil Sibal: Governor knows that there was no split. How did he recognise then? So this is an individual act. It has to be an act of majority.