Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case [March 14]

CJI: We are honoured to have in our midst Chief Justice of Kenya Martha Koome, the least of whose achievements is that she is the first woman chief justice of the country.

Sibal: On behalf of the bar, we welcome you.

Bench has risen for lunch, to reassemble at 2 PM.

Jethmalani: Speaker is expected to maintain propriety as an adjudicator. From the facts of the case, it is evident that speaker repeatedly violated his constitutional duty...Speaker required to not only be impartial but also perceptibly so.

Jethmalani: Whether you like Nabam Rebia or not, deputy speaker is bound by mandate. Disobedience was a serious breach of constitutional role...As regards the correctness of the view, this court ought to reaffirm Nabam Rebia.

Jethmalani continues taking court through the timeline of events.

"On the facts of this case, a question relating to Nabam Rebia does not arise at all. But, if this court is to say anything, it should reaffirm Misra J's separate opinion."

Jethmalani takes court through the timeline of events.

"First salvo was by Uddhav Thackeray on June 21 (removal of Eknath Shinde as legislative leader). After that there was no possibility of reconciliation. Party forums were irrelevant."

Jethmalani: While discontentment & division commenced from very inception of post-poll alliance of MVA govt, irreconcilable differences arose on June 21 over longstanding ideological divide with coalition partners (Congress & NCP).

Senior Advocate Mahesh Jethmalani: In sum & substance, two points of law they have given are: first, question of deemed disqualification (rebel MLAs were liable to be disqualified), second, court must set clock back completely.

Kaul: Look at what they have argued...Thackeray's resignation to be set aside, governor ought not to have acted in constitutional capacity to invite largest party/coalition to form govt, a confidence motion, speaker's election to be reversed.

Kaul: This court has held in SR Bommai that a chief minister cannot shy away from a floor test, which is an indicator of the confidence he & his govt enjoy...This is why calling floor test was not wrong.