PRAMESH S JAIN
Hailing the Supreme Court direction on Karnataka political crisis, rebel Congress-JDS MLAs camping in Mumbai on Wednesday said there was no question of going back on their resignations from the Assembly or attending the session
* The Supreme Court directed on Wednesday that the 15 rebel Congress and JD(S) MLAs ‘ought not’ to be compelled to take part in the proceedings of the Assembly
* A bench headed by Chief Justice Ranjan Gogoi also said the Speaker was free to decide on the resignations of the rebel MLAs within the time-frame decided by him.
With the Supreme Court on Wednesday ruling that the 15 rebel Members of Legislative Assembly (MLA) of the Congress-Janta Dal (Secular) government cannot be forced to take part in Assembly proceedings, the state government led by Chief Minister H D Kumaraswamy looked all set to fall.
In its interim order on Wednesday, though the three-judge bench led by Chief Justice Ranjan Gogoi said that legislative assembly Speaker KR Ramesh Kumar was free to decide on the resignation of the 15 MLAs within a time-frame he considered appropriate,the rider that these MLAs should not be forced to take part in the proceedings of the house sounded the death knell for the Kumaraswamy government.
We also make it clear that until further orders,the 15 members of the Assembly ought not to be compelled to participate in the proceedings of the ongoing session of the House and an option should be given to them that they can take part in the proceedings or opt to remain out of the same.We order accordingly, the three judge bench said.
The Congress-JD (S) government had a total of 117 MLAs in its fold, before 16 of these elected representatives–13 from the Congress, three from JD(S)–resigned about 10 days ago.Two other independent MLAs, S Shankar and H Nagesh have also since withdrawn their support to the coalition government. With 99 MLAs by his side, it will take a mammoth effort on the part of Kumaraswamy to save the coalition from falling when he takes the trust vote on July 18 to save his 14-month-old government. The opposition Bharatiya Janata Party has 107 MLAs in the 225-member House, which includes the nominated MLA and the Speaker.
The Supreme Court’s interim order came on a plea moved by nearly 10 rebel MLAs who had been staying at a hotel in Mumbai since they had resigned from the government. In their plea before the top court, the MLAs had alleged that the Speaker of the assembly was not doing his constitutional duty by refusing to accept their resignation from the government. The Speaker of the legislative assembly, had, however, refuted the allegations and said that he would have to verify that the resignations were genuine before accepting them.
While the top court’s order was welcomed by the rebel MLAs, who said that there was no question of their going back on the resignations at any cost.
Hailing the Supreme Court direction on Karnataka political crisis, rebel Congress-JDS MLAs camping in Mumbai on Wednesday said there was no question of going back on their resignations from the Assembly or attending the session.We are happy with the decision of the Honourable Supreme Court,we honour it,rebel Congress MLA,BC Patil said in a video released to the media, a day ahead of the trial of strength in the Karnataka assembly.
AH Vishwanath Rebel MLA said,We are not going to Bengaluru to attend the Assembly on Thursday.We thank the Supreme Court for allowing us to abstain from the session as we have already resigned and urged the Speaker to accept them forthwith,” JD(S) rebel lawmaker AH Vishwanath told media persons.We will return to Bengaluru after the present government collapses.We are united in our common cause and remain together till we achieve our goal,said Vishwanath,who was the state president of the JD(S) till last month.Accusing the leaders of the coalition allies for the current political crisis,Vishwanath said they (rebels) were only attempted to put an end to the anarchy prevailing in the state due to poor governance and maladministration he added.
Of the 14 rebels staying put in Mumbai, 11 belong to the Congress and 3 to JD-S.Two more Congress rebels,R.Ramalinga Reddy and R.Roshan Baig are in Bengaluru.We also make it clear that until further orders the 15 Members of the Assembly, ought not to be compelled to participate in the proceedings of the ongoing session of the House and an option should be given to them that they can take part in the said proceedings or to opt to remain out of the same,” part of the order read.
The plea was filed by Pratap Gouda Patil, Ramesh Jarkhiholi, Byrati Basavaraj, BC Patil, ST Somashekar, Arbail Sivaram Hebbar and Mahesh Kumathalli from the Congress and K Gopalaiah, H D Vishwanath and Narayan Gowda from the JDS.Five other rebel MLAs are,K Sudhakar, Roshan Baig, MTB Nagaraj, Muniratna and Anand Singh – had approached the court on July 13 contending they had resigned “voluntarily” and that their resignation must be accepted by the Speaker.
Full discussion on matter to be held in court later: Mukul Rohatgi:
Mukul Rohatgi, senior counsel representing Karnataka rebel lawmakers in Supreme Court, says,In view of the trust vote on Thursday, the SC has said two important things – 15 MLAs will not be compelled to attend the House tomorrow. All 15 MLAs are given the liberty that may or may not go to the House tomorrow.The Court has said that the matter will be fully thrashed out at a later date he added.
Congress Leader Abhishek Manu Singhvi On Top Court Verdict On Karnataka Lawmakers:
I wonder what victory BS Yeddyurappa is celebrating.The Supreme Court has not given any date or deadline to the Karnataka Speaker.No whip has been issued.No date has been fixed for voting.The discussion is starting on Thursday.It will be a long debate in the assembly he said.
Karnataka Speaker Welcomes Decision:
Karnataka Speaker KR Ramesh Kumar says he welcomes this decision.I will try to live up to the confidence of the Supreme Court put in me.I hold the judiciary in high esteem. The court has increased my responsibilities. Kumar says.I will take a decision that in no way will go contrary to the Constitution,the Court and the Lokpal he even said that he would conduct himself responsibly in accordance with constitutional principle as I have got additional responsibility I welcome the Supreme Court verdict addressing media persons he said.
Kumaraswamy must resign: BS Yeddyurappa:
BJP President,BS Yeddyurappa says Karnataka chief minister HD Kumaraswamy must resign tomorrow.He has lost his mandate.Certainly, the government will not last because they do not have the numbers.I welcome the Supreme Court’s decision, it is a victory of the Constitution and democracy.It is a moral victory for the rebel lawmakers.It was only an interim order.In the future,the court will decide the power of the Speaker which will set a new trend in the parliamentary democracy.I have respect for the Speaker.According to Supreme Court’s direction, he will act. Let us wait and see he said.
BJP leader Jagadish Shettar says,There is anarchy in the state because of HD Kumaraswamy,he should resign immediately after this verdict and not wait for the trust vote he said.
Top Court should create timeline for Speakers in future: GVL Narasimha Rao
BJP leader,GVL Narasimha Rao says the Supreme Court in its final judgement will have to create timelines for Speakers to decide a matter be it Assembly or Parliament.If required we’ll look at need for amending the act so that Speakers can’t go by their own whims and fancies he said.
HD Kumaraswamy declines to comment:
Karnataka chief minister HD Kumaraswamy declines to comment,when asked about Supreme Court’s verdict on Karnataka rebel lawmakers.After the Supreme Court verdict the Chief Minister who was performing Puja in Shankarmutta temple with his family members after finishing the Puja reporters asked his reaction he refused to comment and went directly to meet his father and after discussing with his father who is JD(S),Supremo HD Devegowda he even met KSRTC employees and addressed their grievances he then made all sudden movements and moved towards HAL Old Airport Road everyone were confused whether CM HD Kumaraswamy is going to Mumbai to pacify Rebel MLAs or he is going to Delhi to meet Sonia Gandhi but later it was found the CM went to embassy golf links to meet Minister KJ George and discuss about the developments what to be done next from there he came to Vidhana Soudha,to sign the transfer orders of 146 Civil Police Inspectors and 30 DYSPs after finishing his works he then moved towards KPCL office as Shakti Bhawan and their he met all the senior congress leaders and discussed what need to be done next to save the government.
Meanwhile sources said that the congress leaders has been successful in pacifying two Rebel MLAs and took them in confidence it is said that Ramalinga Reddy MLA of BTM layout has decided to take back his resignation and support coalition government and reliable sources says Chikkabalapur Rebel MLA Dr.Sudhakar who is a close aide of Siddaramaiah has also been taken into confidence by its leader he will also attend assembly session and support congress he will come tomorrow and take back his resignation sources said.
If the karnataka state coalition government falls tomorrow then there will be Governor or President rule in the Karnataka.
There will be heightened and elaborate security arrangements has been done by Commissioner of Police Alok Kumar who inspected the vidhana soudha and surrounding places as tomorrow it is a crucial day for the coalition government so precautionary measures has been taken up by the police.
Judgement gave strength to democratic process: Congress leaders :
Congress leader DK Shivakumar says,This landmark judgement has given strength to democratic process.Some BJP friends are trying to misguide that whip is not valid but the party can issue a whip and take necessary action as per anti-defection law he added.Congress’ chief troubleshooter in Karnataka,He even warned the Congress-JD(S) lawmakers of disqualification proceedings against them under the anti-defection law if they did not obey the whip and participate in the proceedings during the trust vote in the Assembly on Thursday.Some BJP friends are trying to say that whip is not valid. But the party can issue a whip and take the necessary action as per anti-defection law,” he said responding to the Supreme Court verdict that rebel lawmakers cannot be forced to attend tomorrow’s Assembly session he added.
Randeep Singh Surjewala Supreme Court’s order sets terrible judicial precedent:
Congress spokesperson Randeep Singh Surjewala, in a series of tweets, says Supreme Court’s order nullifying the whip sets a terrible judicial precedent.Does this mean court can interfere with the working of the State Legislature by deciding when a Whip will be enforced? he questions?.He says it is tragic that the court did not appreciate the context and designed history of defections to subvert democratic mandates by PM Modi government over the last 5 years he added.
Karnataka Public Works Minister and HD Revanna,brother of Chief Minister HD Kumaraswamy,on Wednesday rejected allegations by some of the rebel Congress MLAs that he functioned as a Super CM and interfered in other departments.Revanna,son of the former prime minister and JDS supremo HD Deve Gowda,said he would comment on the allegations, including that his style of functioning was responsible for the resignation of MLAs,once the present crisis facing the Congress-JDS coalition government was over.A total of 16 MLAs of Congress and JDS have resigned from the assembly while two independent legislators withdrew their support to the 14-month old ministry, plunging it into a crisis with Kumaraswamy to seek a trust vote Thursday.Of the many reasons cited by them, the rebel MLAs have alleged that Revanna was interfering in other departments (headed by Congress representatives).You people started calling me as super CM.After listening to it I said let it be so,he told reporters here.He further said,I never interfered in any government department.I will not react to the charges that Revanna is responsible for them to quit.I only say that I never laid hands on the transfers in departments other than mine (PWD).Rejecting charges that he sought contracts from the city corporation, Revanna said I will retire from politics if the BBMP (civic body) commissioner or an engineer says he added.
Whip relief enough for rebel MLAs?
The rebel MLAs who moved the Supreme Court against Speaker saying that their resignations should be accepted from the moment they submitted the same to the office of Speaker Ramesh Kumar.The Speaker has not decided on the resignations by rebel MLAs saying that he is not convinced that it was done voluntarily by the dissident legislators. Speaker Ramesh Kumar has cited his powers enshrined in the Tenth Schedule to defend the delay in decision on resignations of the MLAs.This led to the possibility of disqualification of the rebel MLAs should the Speaker reject their resignations and their respective parties issue whips asking them to attend Karnataka assembly session during the trust vote.The Supreme Court, in its ruling, said the rebel MLAs cannot be “compelled” to attend the trust vote slated for Thursday. This translates into a shield for the rebel MLAs protecting them from the party whips.This protection is politically significant as disqualification would make them ineligible for appointment as ministers if the BJP stakes claim to power after the Kumaraswamy government falls, if at all. They would be required to get re-elected for becoming ministers in the government.But if their resignations are accepted, the rebel MLAs would still be eligible for a ministerial berth.They would only need to get elected within six months of being appointed as ministers in the new government.In these circumstances, the competing claims have to be balanced by an appropriate interim order, which according to us, should be to permit the Hon’ble Speaker of the House to decide on the request for resignations by the 15 Members of the House within such time frame as the Hon’ble Speaker may consider appropriate.We also take the view that in the present case the discretion of the Hon’ble Speaker while deciding the above issue should not be fettered by any direction or observation of this Court and the Hon’ble Speaker should be left free to decide the issue in accordance with Article 190 read with Rule 202 of the Rules of Procedure and Conduct of Business in Karnataka Legislative Assembly framed in exercise of the powers under Article 208 of the Constitution.However, in an attempt to balance the rights of the competing parties ahead of Thursday’s trust vote, in this case the speaker, the chief minister and the rebel MLAs, the Supreme Court said that they should not be compelled to attend Assembly proceedings; it should left to them to decide.
Meanwhile CM Kumaraswamy issues Whip to its 37 MLAs:
Karnataka Chief Minister HD Kumaraswamy on Wednesday issued whip to all 37 MLAs of JD(S), including three rebel legislators Narayana Gowda, Gopalaiah and H Vishwanath, asking them to be present in the Vidhana Soudha (State Assembly) during the trust vote on Thursday.Kumaraswamy warned that if MLAs do not attend the House and vote against the party whip even after attending the session on the day of the trust vote, strict action will be initiated under the rule of Anti-Defection Law and that MLA will be disqualified from his post.
Supreme Court verdict on Karnataka Crisis:
The Supreme Court says that the discretion of Karnataka Assembly Speaker in deciding resignation should not be fettered by direction or observations of court.A bench headed by Chief Justice Ranjan Gogoi has directed that the Speaker’s decision on resignation of rebel lawmakers be placed before it.The Speaker should be allowed to pass appropriate orders within parameters of Article 190 of the Constitution and relevant the Rules, the top court says.The Three Bench headed by CJI Ranjan Gogoi,even said the Karnataka Speaker cannot be forced to take a decision within a time frame, the top court says.It says the rebel lawmakers should decide whether to attend the Assembly or not.They ought not to be compelled to participate in the Trust motion on July 18.We have to maintain constitutional balance, the court says.
If the resignations are accepted, the coalition’s 118 members will come down to 100 and the majority mark will drop from 113 to 105. The BJP has 105 members and the support of the two Independents, which would take its tally to 107.
Sixteen legislators of the JDS-Congress coalition and two independent lawmakers have resigned over the past two weeks.
The 13-month-old Congress-JDS government had slumped into crisis after these MLAs resigned from the membership of the Assembly earlier this month.
