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

CJI DY Chandrachud: Bommai is different.

Kaul: Bommai doesn't just restrict itself to the facts but says that the moment the support for Ministry is withdrawn, the only option left to the governor is to conduct a floor test. 

Senior Advocate Kaul reads from the judgement in SR Bommai v. Union of India.

CJI DY Chandrachud: First let's see Bommai. Because anything with more than 5 (judges) is like gospel to us.

Justice MR Shah: Their submission is that if ultimately speaker takes a decision they're disqualified, they're disqualified from day 1. So they say that it is better if disqualification proceedings are decided first. You have to answer that also.

CJI DY Chandrachud: Problem arises where the reason of the trust vote is so intrinsically connected with the disqualification proceedings.

CJI DY Chandrachud: This is not a case where 3-4 parties have formed a coalition. Two parties say they're pulling out. Governor can say that you've pulled out so show us you have the allegiance of the house.

CJI DY Chandrachud: Why is the trust vote required to be held? Because these 7 independents and 34- they start clamouring. The point is if that is the reason of the unsettling of government of the house, antecedent basis of that is disqualification.

CJI DY Chandrachud: We have to be cognizant of the situation where the reason why he/she can perform functions of legislatures is because the speaker is not qualified to decide on disqualification issue?

CJI DY Chandrachud: The need for a floor test arises because a group of legislatures may be disqualified because of a split in party. If the legitimacy of the split is itself in question, then holding of a floor test- are you not putting a premium on disqualification proceedings?

Justice Narasimha: Your submissions are that proceedings under tenth schedule operate independent of government.

Kaul: I bow down. Additionally, an MLA is fully entitled to vote during pendency of disqualification. Then what is the hindrance to floor test