Uddhav Thackeray vs Eknath Shinde : Supreme Court Poses Multiple Questions On Governor's Role | Live Updates From Hearing [March 15]
Sibal: They have argued they're the party. Not a single document right from 21st June till they file the petition- even there they don't say.
Sibal: If you hold their submissions to be correct, you're bringing back the regime of Aaya Ram Gaya Ram. Because anybody can collect numbers in the manner in which they're collected nowadays, send them to another State, keep them in comfort and come back to topple the government
Sibal: What will the governor do? Governor as per their logic, will have to call for trust vote because Bommai said so. All judgements are contextual.
Sibal: Take for example three people out of five belonging to Congress party. They're a majority. They go to governor of Goa and say I am the political party, we're the majority, topple this government.
Sibal: Before you he says I'm the political party but before the ECI he says I'm the faction. Because if he is the political party, why is he going to ECI?
Sibal: He says we 34 are the political party, I am not a faction, there is no split. But when he goes to ECI, what does para 15 say- if there are 2 factions of political party who claim to be political party then ECI will decide which is the party.
Sibal: Under Para 3 of tenth schedule which was deleted later, the expression is that if there is a faction in the legislative party, arising out of a split in political party, and that faction represents 1/3rd of legislative party- that will be a defence against disqualification
Sibal: Shivsena is a recognised political party. How can Shinde say that I'm the political party? It has no constitutional basis.
Sibal: Mr Kaul argued that I am the party. He said I am the Shivsena. On what constitutional basis can 34 people say that they're the Shivsena? Are they recognised by ECI as Shivsena?