Uddhav Thackeray vs Eknath Shinde : Supreme Court Poses Multiple Questions On Governor's Role | Live Updates From Hearing [March 15]

CJI DY Chandrachud: Disqualification issue under tenth schedule is relevant. But what is the consequence? Consequence is that governor has to treat these 34 as continuing members of Shivsena.

CJI DY Chandrachud: He can call for a floor test if he has any circumstances before him to indicate that the strength of this three party coalition has been substantially reduced.

CJI DY Chandrachud: Unless the governor says that the natural corollary is that these 34 will cease to support the shivsena...

CJI DY Chandrachud: What is the governor saying? That these 34 who are part of the Shivsena have now expressed dissatisfaction with leadership of Shivsena.

SG Mehta: 34, who were part of the government who were supposed to be having confidence of the Chief Minister.

CJI DY Chandrachud: In this situation, what was it that would have led the governor to come to the conclusion that the government had lost the majority? What was the factual basis for him to conclude?

CJI DY Chandrachud: There are two distinct things- one is dissatisfaction within a party and other is loss of majority of government. One is not necessarily indicative of another.

SG Mehta: So governor cannot say that I'll wait for 15 days when he is presented with the facts.

SG Mehta: If I as a member of the legislative assembly vote in defiance, there is a provision that party may condone it within 15 days.

SG Mehta provides with arguments made by Mr Sorabjee's arguments which were rejected in the judgment in SR Bommai v UOI