Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court | Shiv Sena Case Hearing [February 22]

Senior Advocate Sibal: The basis of the ECI order is that in the test of majority, organisational wing will not be taken. They take the test of majority in legislative wing.

Kaul: The argument that the matter could affect the constitution bench matters was heard for one full day and then the court said that ECI could proceed.

Kaul: Today no stay has been interpreted to mean that ECI couldn't go ahead. To come to the SC directly, your lordships have time and again said, that there is a judicial hierarchy.

Senior Advocate NK Kaul: We have some preliminary objections on maintainablity. 136 power is discretionary in nature. They earlier went to HC twice on questions of oral hearing not given. 

Supreme Court is now hearing Uddhav Thackeray's challenge to the ECI's order which recognised Eknath Shinde faction as the official Shiv Sena. The matter is being separately heard by a 3-judge bench of Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala.

The hearing concludes for the day.

Sibal: So you don't go by the constitution, you don't claim there is a split, you say that the 30 legislators are the political party. Then you go with the BJP and you get yourself anointed as the Chief Minister of the state.

Sibal: There is no notice, no venue, no time, evidence of meeting! The question of para 15 also doesn't arise. That we'll argue at 3.30. 

Sibal: How does para 15 come in? Para 15 only comes in when there are two factions pursuant to a split. But there is no split!

Sibal: The question here is that there is no meeting of the party. The meeting of legislators was in Assam. What will members of political party do with a meeting of legislators in Assam?