The 15 MLAs ought not to be compelled to participate in the proceedings of the House
The 'Kaun Banega Mukhyamantri' reality show playing in Karnataka featured an exciting twist on Wednesday when the Supreme Court popped out a lifeline for the 15 rebel Members of Legislative Assembly (MLAs) to remain in the game by staying out of the Assembly on Thursday when the crucial trust vote is taken up to decide the fate of the HD Kumaraswamy government.
The Opposition, led by Bhartiya Janata Party (BJP), was counting on this political masterstroke after the 15 MLAs — who resigned in two batches on July 1 and July 6 — had no choice but to attend the House on Thursday as the Speaker had yet to accept their resignations. If they voted against the government or abstained from voting, automatic disqualification would have followed for violating the party whip.
Understanding the predicament of the MLAs, the bench of Chief Justice Ranjan Gogoi, Justices Deepak Gupta and Aniruddha Bose said, "Until further orders, the 15 Members of the Assembly ought not to be compelled to participate in the proceedings of the on-going session of the House and an option should be given to them to take part in the said proceedings or to opt to remain out."
Meanwhile, the Court left it to KR Ramesh Kumar to decide on the resignations "within such time-frame as the Speaker may consider appropriate". As and when such a decision is taken, the same shall be placed before the Court, the bench directed.
Interestingly, the SC order made no remark about the disqualification petitions pending against the 15 MLAs. On July 12, it had restrained the Speaker from deciding either the resignations or disqualification of 10 rebel MLAs. Later, the apex court allowed five other MLAs to join proceedings. Wednesday's order pertaining to 15 MLAs does not fetter the Speaker anymore.
The SC order is interim in nature as the constitutional issue whether the Speaker should first decide the resignation or disqualification, while both issues wait before him simultaneously, will arise once Ramesh Kumar decides on either or both of them. The court thought it prudent that till that is sorted, the situation demands an "interim exercise" with the impending no-trust motion against the present government on Thursday.
With one stroke, the Bench balanced Constitutional principles with the competing rights of the MLAs. Article 190 of Constitution and Rule 202 of the Rules of Procedure and Conduct of Business in Karnataka Legislative Assembly permits the Speaker to accept the resignations upon his satisfaction. At the same time, the rebel MLAs argued that as their resignation was voluntary and genuine, it needs to be accepted forthwith. By keeping them under threat of disqualification, their resignation is rendered useless.
Bench Speak
- ‘The 15 MLAs ought not to be compelled to participate in the proceedings of the House’
- ‘An option should be given to them to take part in the said proceedings or to opt to remain out'
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "H D Kumaraswamy")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}