Dramatic events are set to unfold in Karnataka's political theatre on Wednesday, with the Supreme Court expected to decide on the resignation pleas of 10 rebel MLAs, who will decide the fate of the HD Kumaraswamy government.
On Tuesday, a bench headed by Chief Justice Ranjan Gogoi sought to know what stopped the Speaker from acting on the resignation letters on July 11 when the top court had arranged a meeting of the rebel legislators with the Speaker. The bench, also comprising Justices Deepak Gupta and Aniruddha Bose, questioned the Speaker's reluctance to act on the resignations pending with him since July 6. The bench said that had the Speaker acted in time, the legislators would not have approached the SC.
Senior advocate Abhishek Manu Singhvi who argued for the Speaker said that the Speaker has to be given time to inquire whether the resignation is a ploy to avoid disqualification, when both are simultaneously pending before him.
But senior advocate Rajeev Dhavan who argued for Chief Minister Kumaraswamy put it bluntly that the MLAs were "hunting in packs", wandering around to somehow bring down the government by hiding and walking with the Opposition. "Should this not be seen by the Speaker," Dhavan asked. The rebel MLAs led by senior advocate Mukul Rohatgi said that by dragging his feet over the issue, the Speaker wants to protect a government which has otherwise lost the support of the majority.
Under Article 190, once resignation is submitted, it must be accepted immediately, Rohatgi submitted, adding that by delaying action, the sword of disqualification pending against the MLAs is kept hanging to force them to support in the trust vote motion.
Rohatgi submitted that the Speaker must be directed to decide on the resignations within a day or else the rebel legislators should not be allowed to attend the House proceeding on Thursday.
At the root of the controversy, the bench realised, was a crucial Constitutional issue which required balancing. The judges said, "The Speaker should decide resignation at the earliest and take up disqualification. We should not be understood as putting fetters on the Speaker's decision. But under the Constitutional scheme, neither resignation should be calculated to defeat disqualification for defection under the Tenth Schedule of the Constitution nor the latter be used to block resignation."
Singhvi said that at present the Speaker has been restrained by the apex court from disposing of the resignation and disqualification pleas. If the order goes, Speaker will decide both within a day. If the resignation is decided first, the rebel MLAs can join the BJP-led government as ministers but if disqualified, they will lose this opportunity.
Heated Debate
- CM’s counsel says the rebel MLAs are trying to bring down the government
- Dissidents say the Speaker wants to prop up a govt with no majority
- Speaker says he is a constitutional functionary, court can’t direct him
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