Uddhav Thackeray vs Eknath Shinde : Supreme Court Poses Multiple Questions On Governor's Role | Live Updates From Hearing [March 15]

CJI DY Chandrachud: You can never allow the governor to ask for a trust vote when there is absolutely nothing to shake the majority on the floor of the house.

SG Mehta: Suppose today BJP has 106 members and 100 members were to say that we've lost faith in the leader. 

Justice Hima Kohli: It's a peremptory move. What is the apprehension the governor has?

SG Mehta: Trust vote is not against Shivsena, it's against Thackeray.

CJI DY Chandrachud: Can he look into the fact that but for these 39 the government would fall when exclusion of these 39 is postulated on the speaker passing an order for disqualification?

SG Mehta: The difficulty is that we're trying to analyse the justification by 39. For governor, he has to only examine but for this 39, the government would fall. I'd rather go for trust vote.

CJI DY Chandrachud: How is this a justification for a trust vote?

CJI DY Chandrachud: What then comes in that resolution is that we reaffirm Shinde as leader and two, Gogawale is chief Whip. First part of resolution has no bearing on trust vote at all.

CJI DY Chandrachud: Five, there is discontent within the party. This by itself will not justify the governor in calling a trust vote. Never. That's what our judgements say.

CJI DY Chandrachud: Three, by teaming up with NCP and INC, Shivsena had militated against its core ideology. Four, there has been corruption in the government.

CJI DY Chandrachud: One, BJP and Sena had a pre poll alliance. Two, In breach of the alliance, shivsena teamed up with INC and NCP.