Maharashtra Politics- Shiv Sena Vs Shiv Sena- Supreme Court Hearing- LIVE UPDATES

Singhvi : They are trying to legitimize all this by seeking a declaration from ECI that they are the real party.

Singhvi : The gameplan is not only to run a government in Maharashtra but also to get legitimacy by getting some orders from the ECI and delaying the present proceedings.

Singhvi : The end does not justify the means. That is not the objective of 10th schedule. It says even if a majority defects, it is a constitutional sin. So they can't claim legitimacy on majority alone.

Singhvi : And all this relates back to the date of defection. It will retrospectively apply from 21st of June. And the fruits of a poisonous tree cannot be tasty.

Singhvi for Uddhav side : The only defence available to them is merger and they are not claiming it. The anti-defection law is being turned on its head.

Sibal : So if all these are illegal, the decisions of the Maharashtra Government are illegal, void abinitio, affecting the destiny of the people. That is the urgency of the matter.

Sibal : If they are defectors, it will relate back to their conduct when they first gave up party membership. So all the subsequent proceedings will be illegal - the election of Speaker, CM, calling of house, etc, all illega.

Sibal : Every act of theirs violates Para 2(1)(a), amounts to voluntary giving up party membership. Which is why they say they want to go to ECI. What will ECI do here? If you are disqualified, you cannot go to ECI. ECI cannot decide.

Sibal : In para 2, on three occasions "Political Party" is used. The intent of para 2 is the primacy of the political party in the house.

 Sibal refers to Explanation to Para 2 and says it is very important - "an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member"

Sibal : What is being done today is to use the tenth schedule to encourage defection. If this is permitted, the majority can be used to topple any government. Is that the purpose of tenth schedule? To instigate and legitimize defections.

Sibal : Even today they recognised Uddhav Thackeray as the President of the official party. Even in the petition they recognize that.

Sibal : They are linked to the political party and that linkage is not severed merely because they say they are the majority in the legislature.