Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case Hearing [March 16]
Sibal: In constitutional law, members of the legislature can never be given primacy over political party.
Sibal: You say I continue to be the leader. On what ground? You were removed on 22nd. How are you the leader?
Sibal: They made an argument yesterday- how could the whip act outside the house? What were they doing in Assam? You're sitting in Assam in the lap of the BJP and you are displacing a whip who is recognised by the political party
Sibal: Disloyalty is for a price which has secured him the position of the Chief Minister.
Sibal: The cat is out of the bag. He is saying that outside the Constitution, outside the principles of constitutional law, a faction in the legislative party should be recognised as a political party- without going to ECI, without registering - what political party?
Sibal: It's like saying that the party is registered with the ECI, the leader is communicated to the ECI, but I as a Governor will pick up a leader contrary to what is communicated to me.
Sibal: Who is he recognising? Leader of what? The governor can only deal with the legislature party. He cannot pick up Eknath Shinde and say now you become the CM.
Sibal: What's the point of now saying that these consequential acts have happened so you have no judicial remedy, even if the act is illegal?
Sibal: That's how Arunachal was decided when it was decided. Status quo ante was restored. It also happened in Uttrakhand- when this court restored the CM by setting aside the order of governor.
Sibal: When Bommai was decided, what did Bommai say? It said, we have restore the status quo. Shivraj Singh Chouhan also said this.