Eknath Shinde The faction’s counsel Harish Salve told a bench of Chief Justice NV Ramana and Justice Krishna Murari Hima Kohli That the pending cross-disqualification petitions against almost all Shiv Sena MLAs should be decided by the Speaker as SC should not be the first stage of decision.
The bench said, “You (rebels) came to the court first and they were protected. Entertaining that petition is contrary to the decision of the Supreme Court Karnataka In the case where we had ruled that the Speaker should decide on such issues. Now that you have secured majority and elected your MLA as speaker, you want the issues to be decided by the speaker.
Advocate appearing for Thackeray-group Kapil Sibal He said, “Rebel MLAs are disqualified because they have given up their membership of the party by not attending the legislature party meetings. Even if they have two-thirds of the MLAs, they could not have been saved from disqualification if they had neither separated.” The party was not formed nor merged with any other party. The Tenth Schedule was made to prevent defection. But now it is used to incite, indulge and legitimize defection.”