Floor test in Karnataka Assembly today; No secret ballot, it’ll be a voice vote; CM can’t take policy decisions for now
A three-member Supreme Court bench, headed by Justice AK Sikri and comprising Justices Arvind Bobde and Ashok Bhushan, directed a floor test of the MLAs in Karnataka to break the post-poll imbroglio. The apex court also directed that the floor test, which is to be held at 4 pm on Saturday, will be conducted by a Pro tem Speaker appointed to carry out a voice vote, and to preside over the oath-taking of the MLAs.
More important, however, is that during the hearing, the bench also agreed for a judicial review of the Governor's decision. Other key directions that the court made were that the Chief Minister will not be able to make any policy decisions till the floor test, that the CM cannot nominate or recommend any member of the Anglo-Indian community under Article 333 of the Constitution, and that, the Director General of Police will be responsible for providing security to all the elected MLAs.
Rohatgi produced the letter sent by BS Yeddyurappa, which was the basis on which the hearing was carried out. In the letter, Yeddyurappa plea for staking claim was, "I have the support of others and have requisite majority."
While Singhvi's arguments focussed on asking for an immediate floor test, Sibal, appearing for HD Kumaraswamy, argued on the role of the Governor in inviting the BJP to form government and then allowing them 15 days to prove majority. Rohatgi, appearing for some BJP MLAs, said while the BJP had the numbers, they are under no discretion to prove it in court. He also sought more time for the MLAs.
The anticipation of the final hearing, which was initiated in a dramatic midnight hearing on Wednesday night, ensured that courtroom number 6 was packed to the gills on Friday morning, ensuring that there was barely an inch for many to stand. This was on a day when, nearby, in court room number 1, the Chief Justice of India was accompanied by Chief Justice Jasti Chelameswar who was serving his last day.
Former home minister P Chidambaram had to go back twice with the swelling crowd inside spilling outside the courtroom. Towards the end, however, he managed to make his way in. Former BJP leader and lawyer Ram Jethmalani's plea challenging the role of the Governor in inviting Yeddyurappa was not entertained.
SC WITNESSES ANOTHER HIGH-VOLTAGE HEARING
The Supreme Court witnessed a high-voltage hearing on the Karnataka crisis on Friday, with both the BJP and the Congress-JD(S) combine trading charges and staking claim to power. It all began with counsel Mukul Rohatgi submitting the letter by BS Yeddyurappa to Governor Vajubhai Vala staking claim for being invited to form government.
"I have the support of others and have requisite majority," the letter read.
WHO SAID WHAT
Mukul Rohatgi: We have the numbers and we are confident that we will have the majority, gaining support from some Congress and JD(S) MLAs. Why should we disclose the numbers in court now?
Justice Sikri: This rests on our numbers now; the only option left is a floor test.
Abhishek Manu Singhvi: In that case, Congress and JD(S) should be given the first chance. We agree for a floor test. But, how is the BJP making such claims? There should be some evidence for such a claim. Is it an assertion that give me a chance, I will manufacture majority?
Kapil Sibal: The decision of the Governor inviting BY Yeddyurappa is a debatable one.
Justice Sikri: It is a debatable matter.
Sibal: No, it is already settled.
Justice Sikri: We will hear you on the matter; but the more pressing issue is the floor test.
Mukul Rohatgi: The signatures that HD Kumaraswamy submitted are debatable; we agree for a floor test.
Additional Solicitor General Tushar Mehta: The Governor has not received any letter from Kumaraswamy with signatures of all Congress and JDS MLAs.
Kapil Sibal: What we ask for is an immediate floor test. We pray that a Pro tem Speaker be appointed and that no Anglo-Indian MLA should be nominated till the trust vote.
Mukul Rohatgi: Why do we need an immediate floor test? We need reasonable time for all the MLAs to reach and vote freely. Sarkaria Commission has clearly that 30 days' time be given. We now have only 15 days, why reduce that?
...AND THE BENCH GIVES ITS VERDICT
Since the elected MLAs are yet to take oath as specified in Schedule III of the Constitution and the Speaker is also yet to be elected, we are of the view that the following procedure be followed for conducting the floor test:
- All elected members shall take oath tomorrow (Saturday) before 4 pm.
- Pro tem Speaker shall conduct the floor test on Saturday at 4 pm.
- Pro tem Speaker to decide on the mode of test.
- No secret ballot for conduct of vote of confidence.
- Govt shall not nominate the Anglo Indian Representative
- Yeddyurappa government shall not take any major policy decisions
- Karnataka DGP shall ensure the security of MLAs.
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