Karnataka news updates: In the wake of HD Kumaraswamy deciding to seek a trust vote, Assembly Speaker KR Ramesh Kumar Friday said a slot would be allotted whenever the Karnataka Chief Minister opted for it.
Karnataka LATEST news updates: In the wake of HD Kumaraswamy deciding to seek a trust vote, Assembly Speaker KR Ramesh Kumar Friday said a slot would be allotted whenever the Karnataka Chief Minister opted for it.
"The chief minister has spoken his mind that he would not cling to power amid the confusion. He said he will seek the trust of the House," the Speaker told reporters in Bengaluru.
"Whenever he tells me that he wants to move the trust motion, the very next day I will put it in the business of the day," he added.
After the hearing in the Supreme Court, chief minister HD Kumaraswamy sought a vote of confidence in the Karnataka State Assembly.
"Today there are many things happening in our state's politics because of the decisions of many MLAs, which has created a difficult situation. I am not here to sit in power, I appeal to you that in light of the developments I want to move a trust motion."
Breather for Congress-JD(S) ruling combine as the Supreme Court said that it needed to be examined if Speaker KR Ramesh Kumar required time to decide on disqualification of the MLAs.
"It also requires to be ascertained if the Speaker yesterday sent back the disqualification petitions," the Supreme Court order.
Representing Karnataka Speaker KR Ramesh Kumar, Abhishek Manu Singhvi stated that it was a constitutional duty of the Speaker to ensure that mass resignations are voluntary and genuine.
Singhvi argued that the disgruntled MLAs' intention in giving resignation is something different, and it is to avoid disqualification.
The hearing of disgruntled MLAs resumed in the Supreme Court. Senior advocate Mukul Rohatgi, who is representing the ten rebel MLAs said that the Karnataka Speaker was acting in a partisan manner.
Rohatgi said, " Karnataka Speaker is ducking and acting in a partisan manner. If MLAs say they want to resign, and it is voluntary, then what more is there to it? There is no procedure for it."
A Supreme Court bench headed by Chief Justice Ranjan Gogoi was told by the counsel of Anil Chacko Joseph, Karnataka Youth Congress leader, that the resignations by the rebel MLAs were nothing, but a kind of defection and sought a hearing as an intervenor.
The apex court has listed for hearing on Friday the petition of the 10 rebel MLAs seeking a direction to Karnataka Assembly speaker KR Ramesh Kumar for accepting their resignations.
Chacko, in his application, said that a resignation had the same effect as defecting from a party and that the MLAs were "bought or persuaded to resign by payment of enormous sums of money".
A fresh plea has been moved in Supreme Court by Karnataka Youth Congress chief and 400 party workers. The party members filed an intervention application in the top court, saying that resignation of lawmakers is "tantamount to defection", and hence demanded their disqualification.
The matter has been mentioned before the Chief Justice of India Ranjan Gogoi.
Karnataka Assembly Speaker KR Ramesh Kumar Thursday moved the Supreme Court against its order asking him to take a decision on the resignation of 10 rebel Congress and JD(S) MLAs during the course of the day.
The matter was presented before a bench headed by Chief Justice Ranjan Gogoi by senior advocate Abhishek Manu Singhvi who said that the Speaker's application be taken up for hearing along with the main matter on Friday.
The bench, which also comprised justices Deepak Gupta and Aniruddha Bose, told Singhvi that it has already passed the order on Thursday morning and it was for the Speaker to decide his course of action.
File photo of Karnataka chief minister HD Kumaraswamy. ANI
The bench told Singhvi that Kumar's application will be heard on Friday.
Senior advocate Devdutt Kamath said in the application the Speaker has submitted that the rule permits him to decide the application seeking disqualification of the rebel MLAs.
He said the order passed in the morning only indicated that the Speaker will take a decision forthwith in the course of the day on the resignation tendered by the 10 rebel MLAs.
The Speaker has sought vacation of the ex-parte order passed on Thursday morning, asking him to take a decision on the resignation of the 10 MLAs during the course of the day i.e. 11 July.
He submitted that the order passed in the morning was based upon submissions made by the rebel MLAs without reference to several directly relevant articles of the Constitution, which oblige the Speaker to perform his constitutional duties under the Article 190 (1) (B) as well as the 10th schedule of the Constitution.
The Speaker submitted that the proviso to Article 190 (1) (B) specifically contemplates an enquiry for ascertaining whether the resignation is voluntary and genuine.
"It is only after such enquiry/process that the satisfaction of the Speaker can be reached," he submitted.
The Speaker submitted that the 10th schedule casts a mandatory duty on him to decide applications for disqualifications under para 2 of the 10th schedule.
He stated that the question which therefore requires to be decided by the Speaker is whether any disqualification has been incurred by the MLAs concerned prior to the submission of the resignation letter.
The Speaker submitted that the rebel MLAs who have approached the apex court have cast aspersions questioning his integrity which are completely "false and frivolous".
He asked the court to consider his plea for recalling the direction passed on Thursday morning, directing him to "take a decision forthwith and in any case in the course of the remaining part of the day."