Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case Hearing [March 16]

Sibal: The will of legislators is subject to the functioning of political party both inside and outside the house. He can have dissent outside the house but not inside the house.

Sibal: In the relationship between the legislature and political party, the political party has primacy.

Sibal: The constitution doesn't recognise any faction whether there is a majority of minority. When I seek elections directly from electorate, I don't seek it in my personal capacity. I seek it under the symbol of the party.

Sibal: There's no reference or mention of split.

Sibal: That proposition, that he is the party, is unfounded in constitution.

Sibal: The para 3 dealt with factions. An argument to say that I am the party is contrary to constitutional framework. Because he's not a party. The party is registered under S 29 of RPA.

Sibal: The governor based his decision on the claim made by a majority of Shivsena. On what constitutional basis can the governor recognise a faction, whether minority or majority, to hold a floor test?

Sibal: This is what the Governor fid- 34 of them have come to me and I recognise them. The governor can only deal with alliances and parties. He cannot deal with individuals. Otherwise there will be havoc.

CJI DY Chandrachud: What's the ground for removal?

Sibal: No ground!

Sibal: Someone else would have presided for the disqualification and decided. That's why the Nabam Rebia judgement is wrong.