Shiv Sena Vs Shiv Sena- Maharashtra Politics- Supreme Court Hearing- Live Updates

Sibal : Governor what the governor did: Governor could not have sworn the individual who has chosen to separate from the political parties and have incurred disqualification.

Sibal : Speaker recognizing a whip other than the official whip nominated by the party is Mala fide.

Sibal: Issue of the Political Party is itself in question. When disqualified members elect a person and they stand disqualified, then the election itself is bad.

Sibal : By voting in the vote of confidence violating official whip, they have incurred disqualification.

Sibal : Now coming to the Governor, Governor should not have sworn-in the new government when the Supreme Court was heairng the matters.

CJI: Initially I don't want a debate and I have some doubts about the deletion of the para. We'll discuss it later.

Sibal : 40 members of Shiv Sena, by their conduct, are deemed to have incurred disqualification by giving up party membership as per para 2 of tenth schedule.

Sibal : By voting for a candidate put up by BJP as Speaker in violation of official whip, they have attracted disqualification.

CJI : What happens after deletion of para 3 of tenth schedule?

Sibal : That's what my lord, the split is not longer recognized. 

Sibal : Point I am making is, if this principle is accepted, every elected governemnt can be toppled, despite the fact that there is no protection under the tenth schedule.

Sibal : Democracy is in danger if governemnts in any state can be toppled despite the bar under tenth schedule. The only protection is for merger under para 4 of tenth schedule.

Bench led by the Chief Justice of India takes up the petitions related to #ShivSena rebellion.

Senior Adv Kapil Sibal appearing in petitions filed by Uddhav group.