Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court | Shiv Sena Case Hearing [February 22]

Sibal: You have to, under the constitution, go to the party. Make all efforts. Raise your voice. Articulate your opinions. Get a substantial number with you, claim that there is a split, try to change leadership.

Justice Narasimha: What about the Kerala case? How did they decide? 

Justice Narasimha: Can the legislators sit and say that they are the political party?

Sibal: They can't. They're the majority in legislature but they can't call meeting of political party...

Sibal: You're right that there is an overlap but he cannot use that to say I won't listen to the whip. So far as speaker is concerned, the speaker has no choice. Speaker only conveys what party conveys to him.

Sibal: I represent a constituency in the state. The nature of constituency may be different in different states. The nature of population may be different. But when you come to legislature, you're not looking at the constituency but the State.

Justice Narasimha: Legislators double up as political leaders in districts. In districts, legislators are top leaders. So he represents the political perspective also. So the question arises is that there is an overlap in the position of a legislator- what stage to determine it?

Justice Narasimha: Two aspects- one relating to leadership issue which is staring in the face- of the speaker atleast. How do you deal with it?

Sibal: When you proclaim that you're a member of the Shivsena, you must naturally be under the constitution of Shivsena. The constitution of Shivsena allows you to express your voice and get support.

Sibal: The CJI asked me a very important question- What should a person do if he's unhappy? The answer lies in the judgement of ECI in Ramananda Reddy.

Sibal: All this is per se in violation of 218. Each act amounts to voluntarily giving up membership of the party. Under the tenth schedule he has no defence because there is no amalgamation.