Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case [Feb 28]

Kaul: I am going to the floor to show that Mr Thackeray has lost the majority because 7 independents and 34 MLAs have lost their faith in you. 

Justice Kohli: Then you come back to the party and say that we are shivsena.

Justice Hima Kohli: On 30th, there was only one party. You were contested on basis of a ticket of the original party.

Kaul: And we're saying we're the original party.

CJI DY Chandrachud: On the 30th of June, there was no decision of the ECI.

Kaul: Because the decision would have come after someone raises that issue. A party had to approach the ECI.

CJI DY Chandrachud: Whether you're the Shivsena or not - can't be decided on the floor...

Kaul: You're right, who is the political party will be decided by ECI.

Kaul: We are talking about a rival faction within a party which is dissent and essence of democracy within a party. And we claim that we are the Shiv Sena. That is what comes to be decided.

Kaul: Our case is not a case of split under tenth schedule.

CJI DY Chandrachud: And then you're legitimising a defection which is otherwise not permissible under the tenth schedule.

CJI DY Chandrachud: At the same time you say that look, even if that person is liable to be disqualified, in the mean time he can hold his trust vote on the floor of the house.

CJI DY Chandrachud: If we accept this extreme proposition, very radical results will come out. On one hand we have the tenth schedule which is to prevent the constitutional sin of defection. On one hand you say that someone who causes split is liable for disqualification.