“The control of the political party subsists over the legislature party. Any valid decision of the political party has to prevail over the will of the majority of the legislature party,” Justice Bagchi observed orally. Legislators can switch over, form a new government and not bother about the political party,” Mr. Sibal argued. Mr. Sibal said the Election Commission’s decision was erroneously based on which faction had the majority in the legislature party. Paragraph 1(b) of the Tenth Schedule defined ‘legislature party’ as a group of Members who belong to a particular party and Paragraph 1(c) construed an ‘original political party’ as the party to which the Members belonged to.