A five-judge headed by Chief Justice of India (CJI) DY Chandrachud on Tuesday asked the Eknath Shinde camp to show that they have a political majority and not a legislative majority in their claim to the Shiv Sena party. The Shinde camp said that a legislature party is integral and organically connected to the political party.
Senior Advocate NK Kaul, appearing for the Shinde faction, told a five-judge constitution bench that rival leaders had no faith in the ministry any longer.
The bench comprising, DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha was hearing the issue related to Maharashtra political crisis.
The court also asked several questions of the Shinde camp on various issues, and legal aspects of various judgements and sought to know how to separate defection and floor tests.
CJI Chandrachud also remarked that if the antecedent reason for a floor test is based on a violation of the tenth schedule, then holding a floor test at that stage will defeat the whole basis and purpose of the tenth schedule. The court also sought to know if they are legitimizing a defection which is otherwise not permissible under the tenth schedule.
In a response to the court, NK Kaul said that he would address the issue on Wednesday, Further, he said that the case is not of split under the tenth schedule, they are talking about a rival faction within a party which is dissent and the essence of democracy within a party and they claim that their camp is the Shiv Sena.
