Karnataka Floor Test: Supreme Court rejects plea against appointment of KG Bopaiah as pro tem speaker

The Supreme Court on Saturday rejected the Congress-JD (S) plea challenging Karnataka Governor Vajubhai Vala's decision to appoint K G Bopaiah as the pro tem Speaker to conduct the crucial floor test.

The court, however, directed live broadcast of the Assembly proceedings to ensure transparency. 

A three-judge bench, headed by Justice A K Sikri and comprising justices S A Bobde and Ashok Bhushan heard the matter and rejected the plea saying there have been instances in the past where senior-most MLA was not been appointed as pro tem speaker.

The Congress-JD(S) plea, filed through advocate Dev Dutt Kamath, was placed in the evening before the Registrar of the top court but some defects were pointed out in it, which were later corrected.

The cured plea was submitted late at night at the Registry and the Registrar of the top court rushed to the residence of the CJI for directions on the listing of the matter.

Opening the arguments, Kapil Sibal said as per convention the senior-most MLA should be appointed pro tem speaker.

He said the governor has very limited discretionary power in appointing pro tem speaker and "we would have no objection if pro tem speaker only had to administer oath to the MLAs, the problem is here he is also holding the floor test".

The senior lawyer said appointing the senior-most lawmaker as pro tem speaker has been a practice in place in commonwealth countries. However, the bench shot back "there have been earlier instances where senior-most MLA has not been appointed as pro tem speaker".

"If you (Sibal) are casting aspersions on the pro tem speaker then we will have to issue notice to him and postpone the floor test," the bench said during the hearing and added "How can we direct governor to appoint pro tem speaker." 

During the hearing, ASG Tushar Mehta said the proceedings of the Assembly would be broadcast live on all local TV channels. The court said that all TV channels would be provided with the live feed of the proceedings to ensure transparency.

In the application, the combine had demanded setting aside of the decision to appoint BJP MLA Bopaiah as the pro tem Speaker saying it was contrary to the tradition, as per which the post goes to the senior-most legislator.

It termed the Governor's action as a "brazen unconstitutional" act to appoint "a junior MLA as the pro tem Speaker. The application also seeks certain urgent directions to ensure that the floor test is conducted in a fair and transparent manner." 

Pro tem is a Latin phrase which best translates to "for the time being" or temporary. Usually, the senior most member is selected as the pro tem Speaker for purposes, which also include the election of the Speaker.

The petition had also urged the top court to have video recording of the entire trust vote process and conducting of the floor test through "a division' into separate and segregated lobbies so that the persons in the different lobbies can be counted in a transparent manner." 

The petition said "it is submitted that despite the settled parliamentary convention and practice for appointment of a pro tem Speaker, a junior MLA Shri KG Bopaiah (BJP) with a dubious and controversial record of passing biased disqualification orders has been appointed as the pro tem Speaker. 

Chief Minister B S Yeddyurappa will face a crucial trust vote at the floor of the Karnataka Assembly today where he has to prove majority. 

The Supreme Court had on Friday ordered a floor test at 4 pm on Saturday, slashing the 15-day window given by Governor Vajubhai Vala to Yeddyurappa to prove majority.