Court witnesses political battle between Speaker & CM on one side and rebels on other side
The Supreme Court on Friday tied the hands of the Karnataka Speaker from disqualifying 10 rebel MLAs till Tuesday when the Court will decide on the power of the Speaker to claim that a decision on disqualification must take precedence over that of resignation.
A bench headed by Chief Justice Ranjan Gogoi ordered status quo as regards to all decisions against the 10 rebels. This means the Speaker cannot act on their resignation pleas as well till the question of law framed by it is finally decided.
More than a legal battle, the Court witnessed a political battle playing out between the Speaker and CM of Karnataka on one side as against the 10 rebel MLAs. Both sides chose the best legal brains to fight their crucial battle in Court. After the Court allowed the rebel MLAs to meet the Speaker on Thursday, senior advocate Rajeev Dhavan appearing for Karnataka CM punched holes into the Court order wondering how the Court came to a conclusion to believe what is said by the petitioners without hearing them.
TRUST VOTE MOVE
|
- Amid the existential crisis faced by his govt, Karnataka CM Kumaraswamy on Friday said he would seek a trust vote to end the ‘confusion’ caused by resignations of rebel legislators.
- While asserting he was “ready for everything”, the CM said he has ‘voluntarily’ decided to seek the vote, adding only when he commanded the support in the House he can continue as the CM.
|
He referred to portions in the petition alleging maladministration in the state and that the CM has lost support to continue in the Government. Terming the petition "overtly political", Dhavan argued, "The Court has been asked to enter the political thicket by the petitioner claiming that because this Government is failing, help us to fail it further." Arguments by the Speaker were led by senior advocate Abhishek Manu Singhvi who informed the Court that all that was alleged against him that he absconded and refused to meet 8 of the 10 MLAs on July 6 was false as he videographed statements made to the contrary by the petitioners when they met him on Thursday to submit their fresh resignations.
He said under a 1992 SC decision in Kihoto Hollohan case, Speaker has a constitutional duty under the Tenth Schedule to first deal with disqualification. Such a decision cannot be time-bound, Singhvi added. The bench, also comprising Justices Deepak Gupta and Aniruddha Bose, remarked, "Is it the stand of the Speaker that SC should stay its hands off. Are you challenging our power and authority?" Singhvi clarified that Speaker is bound by SC decision to decide disqualification first. But on the resignation pleas, a decision will be given as early as possible, he added.
The rebel MLAs led by senior advocate Mukul Rohatgi tore into the Speaker's defence and presented a case of an MLA facing disqualification who was allowed to resign in April 2019. Umesh Jadhav, a Congress MLA, resigned and later fought Lok Sabha elections on a BJP ticket. "The Speaker did not have inhibition to decide on his disqualification. Then why now," Rohatgi said. He further hinted of having knowledge that the Speaker returned the disqualification pleas against 8 MLAs on Wednesday. But there was nothing to verify the same.
){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}
 "HD 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}