Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case [March 14]
Singh: Original disqualification plea dealt with by speaker. To rely on Rana to say speaker's role should be conferred on this court which must now decide disqualification petitions is untenable and does not deserve this court's approval.
Singh: Founded on principle of elimination of conflict of interest. That conflict of interest when it is required to be demonstrated in a constitutional adjudication, period of non-participation was laid down. Nabam does not need a relook.
Singh: Intra-party dissent is also an element of constitutional scheme & democracy...how do you create a balance? Rule against participation of speaker...(Reads out/refers to rules & judgements)
Senior Advocate Maninder Singh about to begin his submissions.
Bench: What aspects will you be dealing with?
Singh: Nabam, Kihoto, & two judgements on which they have relied on...
Jethmalani: There is nothing called deemed disqualification. Otherwise, the reply of the delinquent MLA & hearing become empty formalities. Also speaker would be partisan. Also untenable that the clock can be turned back.
Jethmalani: To say Uddhav Thackeray resigned because of all that went on before is stretching credulity to the nth degree. He resigned because he knew that he lost the majority. Too remote a cause...He voluntarily stepped down.
Jethmalani: Principle of majority rule is of paramount importance...much higher than evil of defection. There are several judgements on this. This is why governor can form a new govt headed by that person who commands confidence of majority.
Jethmalani: They have elevated the entire case to the evil of defection. But, the evil of a speaker & govt hellbent on power is a greater evil...When council of ministers collectively lose confidence, they must step down...
Jethmalani about to read out death threats allegedly given to Eknath Shinde faction.
CJI: Not necessary for you to read these out.
Jethmalani: I'll summarise. (summarises) This is why we were compelled to approach Supreme Court.
Jethmalani: On the one hand, disqualification petition is given to us, speaker ignores Nabam Rebia, which was the law. Second, instead of 14 days, we were given two days. Three, they did everything possible to stop us from coming to hearings.