Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case Hearing [March 16]
CJI DY Chandrachud: Merger was not an option because it's not their case. Merger means that their political identity as Shivsena is gone. Your argument is problematic because you're saying they have to leave now. They're saying they don't want to leave, they're Shivsena.
Singhvi: Then in every case of defection I can say I won't resign, I won't go to the EC, I won't merge.
Singhvi: Why did the tenth schedule come? The purpose is that you have come through a party seat. You go and face the electorate again, whether with that party, independent or with another party.
Singhvi: Let's say I resign and the speaker rejects my resignation and disqualifies me. There is same remedy for that too.
Singhvi: I know of very few cases where you have the courage and conviction to resign.
Singhvi: What they're doing is- I'll not go to the speaker but I'll go Guwahati because I'm scared of disqualification.
Singhvi: What happens if between me, that is them, applying to the EC and speaker disqualifies me? So what? Why was the tenth schedule made? Second answer is it he disqualifies you wrongfully, approach judicial remedy.
Singhvi: Step one is you disable the speaker by a mere notice. Step two is to forward resolutions parallely to the Governor. Step three is the act of being sworn in as Chief Minister with another party fully supporting in whose lap you were in Guwahati.
Singhvi: Here, you don't resign, you don't go to the ECI up until much later, you don't seek condonation. What you do is a three step novel procedure to annihilate the tenth schedule.
Singhvi: If you absolutely hate where you are, go to the Election Commission and start your Para 15 proceedings and say you're the real party.