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Karnataka political crisis updates: KPCC president says Congress' disqualification petition against MLAs is as per anti-defection law
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  • Karnataka political crisis updates: KPCC president says Congress' disqualification petition against MLAs is as per anti-defection law

Karnataka political crisis updates: KPCC president says Congress' disqualification petition against MLAs is as per anti-defection law

FP Staff • July 17, 2019, 18:13:37 IST
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Karnataka political crisis LIVE updates: Speaker KR Ramesh Kumar is currently meeting with HD Kumaraswamy, Siddaramaiah, MB Patil, KJ George and MLC Rizwan Arshad in his Chamber in the Vidhan Soudha, News18 reported.

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Karnataka political crisis updates: KPCC president says Congress' disqualification petition against MLAs is as per anti-defection law
July 17, 2019, 17:14:47 (IST)
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KPCC president says Congress’ disqualification petition against the MLAs is as per anti-defection law

Our disqualification petition with the Speaker against our MLA’s is as per section 2-1a of the anti defection law.

It’s not for violating the Whip but for indulging in anti party activities, to join hands with BJP to topple our Govt and voluntarily giving up membership.

— Dinesh Gundu Rao/ದಿನೇಶ್ ಗುಂಡೂರಾವ್ (@dineshgrao) July 17, 2019
July 17, 2019, 17:02:53 (IST)
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PWD Minister HD Revanna appeals to rebel legislators to return

“I have not hurt any legislator. If I have hurt, I apologise. If I have committed mistake please come back. I am willing to apologise,”  The Hindu quoted Revanna as saying.

July 17, 2019, 16:10:50 (IST)
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BJP slams Dinesh Gundu Rao’s ‘hypocrisy’ over SC judgment

The Karnataka BJP’s official Twitter handle tweeted a response to Congress leader Dinesh Gundu Rao’s tweet which said that the apex court’s order was “perfectly coordinated to help rebel MLAs to violate whip” and set a “wrong precedent”. BJP in its tweet called Rao a “hypocrite” for applauding SC’s act of holding a midnight hearing to help Congress form a government in the state but slamming the top court’s verdict concerning rebel MLAs.

Hypocrisy is “@dineshgrao”

When SC opens it’s door at midnight to let Congress form govt it’s a “right precedent”

But when SC upholds the basic right of elected MLA’s willing to withdraw their support to Congress its “wrong precedent” https://t.co/H2chyTMaNu

— BJP Karnataka (@BJP4Karnataka) July 17, 2019
July 17, 2019, 15:35:34 (IST)
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Speaker meets Kumaraswamy, Siddaramaiah

Speaker KR Ramesh Kumar is currently meeting with HD Kumaraswamy, Siddaramaiah, MB Patil, KJ George and MLC Rizwan Arshad in his Chamber in the Vidhan Soudha, News18 reported.

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July 17, 2019, 15:17:22 (IST)
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‘Can court interfere with working of State Legislature?’ asks Randeep Surjewala after SC verdict

Question the Supreme Court’s ruling, Congress’ Randeep Surjewala asked, “Does this mean (that the) court can interfere with the working of the State Legislature by deciding when a whip will be enforced?"

SC’s order nullifying the Whip & by extension, operation of Constitution’s Xth Schedule to punish MLA’s betraying the public mandate, sets a terrible judicial precedent!

Blanket protection to MLA’s, who are driven not by ideology but by far baser concerns, is unheard-of.
1/2 pic.twitter.com/SsNmxw5NCn

— Randeep Singh Surjewala (@rssurjewala) July 17, 2019

2/3
Does this mean-:

1. Court can interfere with the working of the State Legislature by deciding when a Whip will be enforced?

2. Abandonment of the ‘Basic Structure’ doctrine of Separation of Powers?#KarnatakaPoliticalCrisis pic.twitter.com/H9f7v1b3f5

— Randeep Singh Surjewala (@rssurjewala) July 17, 2019

3/3
Tragic that SC didn’t appreciate the context & designed history of defections to subvert democratic mandates by Modi Govt over last 5 yrs.

SC should recall own judgement of May 2016 striking down the illegal attempt of BJP in Uttarakhand to form govthttps://t.co/h52LIkt5bJ

— Randeep Singh Surjewala (@rssurjewala) July 17, 2019
July 17, 2019, 14:59:11 (IST)
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‘SC order has set a wrong precedent,’ says Dinesh Gundu Rao

Congress Karnataka President Dinesh Gundu Rao expressed his disappointment over the Supreme Court verdict on the rebel MLAs’ plea for a direction to the Speaker to decide on their resignations.

Supreme Court order seems perfectly coordinated to help the rebel MLA’s to violate the whip.

It has set a wrong precedent as the value of the Whip as per 10th schedule of the constitution is now redundant.

An extraordinary order indeed!!! https://t.co/KE0pn8b2ZF

— Dinesh Gundu Rao/ದಿನೇಶ್ ಗುಂಡೂರಾವ್ (@dineshgrao) July 17, 2019
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July 17, 2019, 14:56:42 (IST)
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Kumaraswamy to meet JD(S) MLAs in evening

Kumaraswamy will be meeting JD(S) MLAs at 4.30 pm today. “It’s a routine meeting that the CM has with his party MLAs,” the chief minister said. He had earlier met Congress Legislative Party leader Siddaramaiah and MB Patil at the Hilton hotel, after the SC verdict.

July 17, 2019, 14:54:35 (IST)
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Roshan Baig to skip personal hearing before Speaker

Roshan Baig has informed the Speaker’s Office that he cannot attend the hearing today, Moneycontrol reported.

July 17, 2019, 14:50:54 (IST)
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Expect BJP govt in Karnataka next week: P Muralidhar Rao

BJP national general secretary P Muralidhar Rao claimed on Wednesday that a BJP government is expected to take charge in Karnataka next week. He said the BJP was confident that the Congress-JD(S) government, led by chief minister HD Kumaraswamy, would lose the trust vote in the legislative Assembly on Thursday.

July 17, 2019, 14:48:37 (IST)
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Congress says SC order nullifying whip sets ’terrible judicial precedent’

The Congress on Wednesday said the Supreme Court order on the Karnataka political crisis nullifying the whip and providing “blanket protection” to MLAs who have “betrayed public mandate” sets a “terrible judicial precedent”, The Times of India reported.

July 17, 2019, 14:18:58 (IST)
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How the numbers will stack up if 15 rebel MLAs abstain from trust vote

If the 15 MLAs skip the voting or if their resignations are accepted, the effective strength of the House will be reduced to 210, including the Speaker. In such a case the halfway-mark for the government to prove its majority is 106. But the Congress-JDS government has just 102 MLAs by its side. Even if it manages to retains the support of the lone BSP MLA and the Anglo-Indian MLA which the government nominated , the numbers are stacked strongly against them. 

However, if Kumaraswamy government manages to convince even half of the 15 MLAs to vote in its Congress-JD(S) may pull a surprise and manage to save their government.

July 17, 2019, 13:46:51 (IST)
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Security tightened outside Mumbai’s Renaissance Hotel ahead of tomorrow’s floor test

According to media reports, the security outside Mumbai’s posh resort, Hotel Renaissance, has been tightened as the rebel Congress MLAs have been granted the freedom to skip the Assembly proceedings. Personnel of the Mumbai Police, too, have been deployed inside the hotel at various floors. Several officers have been deployed in civil clothes. 

According to  India Today, movement of the MLAs has also been restricted for the first time during their stay in Mumbai.

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July 17, 2019, 13:31:14 (IST)
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HD Kumaraswamy in huddle with Congress leaders after SC gives rebel MLAs freedom to skip trust vote

Karnataka chief minister HD Kumaraswamy is holding a meeting with Congress leaders in Bengaluru after Supreme Court ruling has made it all but clear that the government is unlikely to clear the floor test tomorrow. By granting the 15 MLAs liberty to remain absent from the trust vote, the court as in essence ensured that the party whip cannot force these MLAs to be present, and thereby face the threat of disqualification if they don’t vote as per their party line.

July 17, 2019, 13:20:14 (IST)
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Party can still take action under anti-defection law, says DK Shivakumar

Congress leader DK Shivakumar said that the Supreme Court has given a good judgment and that the party can still issue a whip to its rebel MLAs. “We are confident of our numbers; our MLAs have been misguided. I request the rebel MLAs to not follow what BS Yeddyurappa’s lawyer is saying,” he said.

DK Shivakumar, Congress on SC's verdict on Karnataka rebel MLAs case: 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 & take necessary action as per anti-defection law. pic.twitter.com/BXgqWc7I8a

— ANI (@ANI) July 17, 2019
July 17, 2019, 12:44:04 (IST)
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Present strength of the Karnataka Assembly

The ruling coalition’s strength in the House is 117 i.e. Congress 78, JD(S) 37, BSP 1, and one nominated member, besides the Speaker. Now, if the resignations of the 16 MLAs are accepted, the ruling coalition’s tally will be reduced to 101. BJP, meanwhile, with the support of two Independents, has 107 MLAs in the 225-member House.

July 17, 2019, 12:37:16 (IST)
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The current Assembly situation ahead of trust vote

So far, a total of 16 MLAs have resigned from the Assembly, but the Congress-JD(S) coalition government is banking on CLP leader Siddaramaiah’s loyalists — ST Somashekar, Byrathi Basavaraj and N Muniratna — to change their mind and return to Bengaluru from Mumbai where they are currently holed up. The alliance partners are also confident that senior Congress leader R Ramalinga Reddy will vote in our the Kumaraswamy government’s favour.

However, for BJP to defeat the trust vote on Thursday, it will need the strength of the Assembly to drop to 208 from the present 224. Presuming the 15 MLAs currently residing in a luxury hotel in Mumbai — including the two Independents, who have not resigned from the Assembly, but have sworn allegiance to the BJP — abstain from voting, the strength of the House would fall to 209. All the BJP will then need is for one of the three other disgruntled MLAs — Ramalinga Reddy, Anand Singh and R Roshan Baig — who are in Bengaluru, to abstain from voting to ensure that the ruling dispensation falls.

July 17, 2019, 12:14:27 (IST)
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‘We are all together,’ say rebel MLAs after SC verdict

“We stand by our decision… and there is no question of going to the Assembly,” the rebel MLAs said.

Rebel #Karnataka MLAs in #Mumbai: We honour Supreme Court's verdict. We all are together. We stand by our decision. There is no question of going to the Assembly. pic.twitter.com/56z1XdPnMj

— ANI (@ANI) July 17, 2019
July 17, 2019, 12:12:49 (IST)
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Happy with SC order, no question of attending Assembly: Rebel MLAs

The rebel MLAs who are holed in a Mumbai hotel said that they were happy with the Supreme Court’s decision and that there is no question of them going back on their decision. “There is no question of us attending the Assembly,” the rebel MLAs were quoted as saying by The Times Of India.

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July 17, 2019, 12:04:19 (IST)
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SC will have to set timeline for Speakers in future: GVL Narasimha Rao

BJP leader GVL Narasimha Rao said that, if required, the party will look at the need for amending the Constitutional Act so that Speakers can’t go by their own “whims and fancies”.

GVL Narasimha Rao, BJP on SC verdict in K'taka MLAs case: SC 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&fancies pic.twitter.com/QJRXwXApEq

— ANI (@ANI) July 17, 2019
July 17, 2019, 11:55:10 (IST)
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Watch: Kumaraswamy refuses to speak to media

Karnataka chief minister HD Kumaraswamy declined to talk to mediapersons outside his office when asked to comment on the SC verdict on the plea of 15 rebel MLAs seeking a direction for Speaker’s action on their resignations.

#WATCH Karnataka CM HD Kumaraswamy declines to comment, when asked about Supreme Court's verdict on Karnataka rebel MLAs. #Karnataka pic.twitter.com/aR1ww6aNgl

— ANI (@ANI) July 17, 2019
July 17, 2019, 11:44:20 (IST)
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‘Cong-JD(S) govt should and will go’, says BJP leader Pralhad Joshi

Minister of Parliamentary Affairs and BJP leader from Karnataka, Pralhad Joshi said that the Congress-JD(S) government has lost confidence. “They should and will go,” he remarked.

July 17, 2019, 11:41:20 (IST)
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SC order not related to MLAs’ disqualification: DK Shivakumar

The Supreme Court verdict does not speak of the whip being issued to Congress rebel MLAs. The disqualification issue is completely different and does not apply to this case, said Congress leader DK Shivakumar.

Ealier, rebel MLA’s counsel Mukul Rohatgi had said that the three-line whip issued against rebel MLAs to attend the House on thursday is not operative in view of the SC judgement.

July 17, 2019, 11:37:08 (IST)
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Congress tweets: ‘Operation lotus will fail, truth alone triumphs’

Karnataka Congress on Wednesday tweeted in Kannada after the SC verdict: “Operation lotus will fail. Truth alone triumphs.”

ಆಪರೇಷನ್ ಕಮಲ ವಿಫಲವಾಗಲಿದೆ.

ಸತ್ಯಮೇವ ಜಯತೆ.🇮🇳

— Karnataka Congress (@INCKarnataka) July 17, 2019
July 17, 2019, 11:31:51 (IST)
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Will abide by SC order: Speaker

“I respect and welcome Supreme Court’s order with utmost humility. You can call it a landmark judgment. I will abide by the order and will uphold the confidence placed in me by the apex court,” KR Ramesh Kumar said.

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July 17, 2019, 11:30:19 (IST)
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Speaker says his decsion will be in line with Constitution, court and Lokpal

Karnataka Speaker KR Ramesh Kumar said that he will not take a decision which goes against the Constitution, the court and the Lokpal.

Karnataka Speaker KR Ramesh Kumar: I will take a decision that in no way will go contrary to the Constitution, the Court and the Lokpal. pic.twitter.com/p0QcgBJkPB

— ANI (@ANI) July 17, 2019
July 17, 2019, 11:28:06 (IST)
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‘Govt will not last, CM doesn’t have numbers,’ says Yeddyurappa

Former Karnataka chief minister and BJP leader BS Yeddyurappa reacted on the Supreme Court’s verdict in Karnataka rebel MLAs case saying that “the Government will not last because they do not have the numbers”.

BS Yeddyurappa, BJP: Karnataka CM has lost his mandate, when there is no majority he must resign tomorrow. I welcome SC's decision, it's the victory of constitution&democracy, a moral victory for rebel MLAs. It's only an interim order, SC will decide powers of Speaker in future. pic.twitter.com/LAPOFsHDK8

— ANI (@ANI) July 17, 2019
July 17, 2019, 11:26:10 (IST)
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Court will decide on the full mater at a later date: Mukul Rohatgi

Senior counsel Mukul Rohatgi told reporters outside the court that the three-line whip issued against the rebel MLAs to attend the House tomorrow is not operative in view of the SC judgement. Secondly, the Speaker has been given time to decide on the resignations as and when he wants to decide. “The Court has said that the matter will be fully thrashed out at a later date,” Rohatgi said.

July 17, 2019, 11:21:22 (IST)
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CM should resign now: BJP’s Jagadish Shettar

“There is anarchy in the state because of Chief Minister HD Kumaraswamy, he should resign immediately after the SC verdict and not wait for the trust vote,” BJP leader Jagadish Shettar said.

Jagadish Shettar, BJP on SC's verdict on Karnataka rebel MLAs case: There is anarchy in the state because of HD Kumaraswamy, he should resign immediately after this verdict and not wait for the trust vote. pic.twitter.com/Kp2XkKZ9XR

— ANI (@ANI) July 17, 2019
July 17, 2019, 11:19:22 (IST)
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All 15 MLAs have liberty that may or may not go to House tomorrow: Mukul Rohatgi

In view of Trust Vote on Thursday, the Supreme Court has said that the 15 MLAs will not be compelled to attend the House proceedings tomorrow which include participating in the Floor Test scheduled for 11 am in Thursday in the Karnataka Assembly.

Mukul Rohatgi, representing Karnataka rebel MLAs in SC: In view of Trust Vote kept for tomorrow, 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. pic.twitter.com/iPmIysJ1KL

— ANI (@ANI) July 17, 2019
July 17, 2019, 11:13:20 (IST)
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MLAs not compelled to be present for Floor Test on Thursday: SC

The bench of CJI Gogoi, Justices Deepak Gupta and Aniruddha Bose refused to fix a time frame for the Speaker to decide on the resignations submitted by the MLAs. This means that the dissident MLAs can skip the crucial trust vote meeting of the Congress- JD(s) government scheduled for Thursday, without facing any threat of disqualification.

Initially, the CJI-led bench passed an order permitting the MLAs to meet the Speaker at 6 pm on 11 July, and ‘requested’ the Speaker to take a decision during the remaining course of that day. However, the Speaker refused to act as per the SC-set deadline.

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July 17, 2019, 11:10:54 (IST)
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Kumaraswamy offers prayers 

Amid SC announcing its order on the Karnataka political crisis, Chief Minister HD Kumaraswamy paid a visit to the Sri Sringeri Shankara Mutt temple and offered prayers.

Chief Minister of Karnataka, HD Kumaraswamy offers prayers at Sri Sringeri Shankara Mutt in Shankarapuram. #Karnataka pic.twitter.com/qzRyA2tb5s

— ANI (@ANI) July 17, 2019
July 17, 2019, 11:07:49 (IST)
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‘Place your decision before the court’: SC directs Speaker

Supreme Court directs that the Speaker’s decision on resignation of rebel MLAs be placed before it. Discretion of Karnataka Assembly speaker in deciding resignation should not be fettered by direction or observations of court, it said. That is the Speaker is to decide on the resignation of 15 rebel MLAs without being influenced by observations made by the apex court while hearing the case.

SC said that it is of the view that larger question raised in the case on the role of the Speaker could be answered at a later stage but interim order is required to maintain Constitutional balance. The top court also ruled that the 15 rebel MLAs ought not to be compelled to participate in Assembly proceedings including the confidence motion of the state government on Thursday.

July 17, 2019, 10:55:48 (IST)
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Speaker should take decision without being fettered by court’s observations: SC

Karnataka assembly Speaker should decide on the resignation of 15 rebel MLAs without being influenced by observations made by the Supreme Court while hearing the case, SC said in its interim order.

July 17, 2019, 10:43:47 (IST)
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Speaker to decide on resignations without time boundation, MLAs can’t be forced to attend Assembly until then: SC

The Supreme Court on Wednesday passed its interim order on the Karnataka political crisis saying that it  is imperative to maintain Constitutional balance. And therefore, the Speaker has been allowed to decide on resignation of 15 MLAs within an “appropriate time frame”. Meanwhile, the court said that the 15 MLAs cannot be compelled to participate in proceedings of Assembly till the Speaker takes a decision.

“Larger legal questions need to be decided and deserves an answer only at a later stage,” says the apex court.

July 17, 2019, 10:29:01 (IST)
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CM will lose mandate tomorrow: Yeddyurappa

As many as 16 MLAs 1 13 from the Congress and three from JD(S) — have resigned so far while two independent MLAs S Shankar and H Nagesh have withdrawn their support to the coalition government.

Former Karnataka CM & BJP leader, B. S. Yeddyurappa: We are waiting for Supreme Court's decision, the MLAs who have resigned will not be affected. Tomorrow CM is going to move the confidence motion, he will lose the mandate, let us see what will happen. pic.twitter.com/pne91pn9d8

— ANI (@ANI) July 17, 2019
July 17, 2019, 10:10:57 (IST)
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Recap: Cong, JD(S) shift MLAs in Karnataka to resorts 

In a bid to keep their flock together ahead of the trust vote, the Congress, BJP and JD(S) have shifted their MLAs to resorts. The Congress, on Tuesday, shifted its MLAs from a hotel in Bengaluru to a resort on the outskirts, amid fears that some more legislators may resign.

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July 17, 2019, 09:36:20 (IST)
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Recap: BS Yeddyurappa enjoys musical night with BJP MLAs

Earlier on Tuesday, Yeddyurappa was caught playing cricket in the Bengaluru resort where BJP MLAs are currently staying.

#WATCH Karnataka: BJP State President BS Yeddyurappa & BJP MLAs at an event at Ramada Hotel in Bengaluru. pic.twitter.com/55bQgt5Z0P

— ANI (@ANI) July 16, 2019
July 17, 2019, 08:59:48 (IST)
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BS Yeddyurappa plays cricket ahead of SC verdict on MLAs’ resignations

Karnataka BJP president BS Yeddyurappa was seen indulging a game of cricket with party legislators who are camped at a resort on the outskirts of the city.

July 17, 2019, 08:42:38 (IST)
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RECAP: SC pulls up Speaker over delay in action after resignations

During the hearing on Tuesday, the bench headed by CJI Ranjan Gogoi also questioned the contentions of the Speaker that the issue of disqualification has to be decided first, and asked him why no progress had been made on the resignations till 10 July when the MLAs had resigned on 6 July.

“On 6 July, they (rebel MLAs) say they had given their resignations. The Speaker did not do anything until the Supreme Court’s order (of 11 July),” the bench said, adding, “What is the scope of the pending disqualification?”.

“Pursuant to the court’s order, they appeared physically before the Speaker. Then why he (Speaker) did not decide it? He (Speaker) is saying that he will take time in deciding this. What does he mean by this?” the court questioned.

July 17, 2019, 08:35:53 (IST)
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Speaker to meet MTB Nagaraj, K Sudhakar today

Speaker KR Ramesh Kumar has asked two rebel MLAs of the Congress — MTB Nagaraj and K Sudhakar — to meet him after 3 pm on Wednesday, reports said. The two MLAs, a vital part of the Congress party in Karnataka, were the last two to resign from their posts.

Karnataka political crisis LATEST updates: Speaker KR Ramesh Kumar is currently meeting with HD Kumaraswamy, Siddaramaiah, MB Patil, KJ George and MLC Rizwan Arshad in his Chamber in the Vidhan Soudha, News18 reported.   The Congress on Wednesday said the Supreme Court order on the Karnataka political crisis nullifying the whip and providing “blanket protection” to MLAs who have “betrayed public mandate” sets a “terrible judicial precedent”. Karnataka chief minister HD Kumaraswamy is holding a meeting with Congress leaders in Bengaluru after Supreme Court ruling has made it all but clear that the government is unlikely to clear the floor test tomorrow. By granting the 15 MLAs liberty to remain absent from the trust vote, the court as in essence ensured that the party whip cannot force these MLAs to be present, and thereby face the threat of disqualification if they don’t vote as per their party line. The ruling coalition’s strength in the House is 117 i.e. Congress has 78, JD(S) 37, and BSP 1 MLA, and one nominated member, besides the Speaker. Now, if the resignations of the 16 MLAs are accepted, the ruling coalition’s tally will be reduced to 101. BJP, meanwhile, with the support of two Independents, has 107 MLAs in the 225-member House. The rebel MLAs who are holed in a Mumbai hotel said that they were happy with the Supreme Court’s decision and that there is no question of them going back on their decision. “There is no question of us attending the Assembly,” the rebel MLAs were quoted as saying. Karnataka Speaker KR Ramesh Kumar said that he will not take a decision which goes against the Constitution, the court and the Lokpal. Former Karnataka chief minister and BJP leader BS Yeddyurappa reacted on the Supreme Court’s verdict in Karnataka rebel MLAs case saying that “the Government will not last because they do not have the numbers”. The Supreme Court on Wednesday passed its interim order on the Karnataka political crisis saying that it is imperative to maintain Constitutional balance. And therefore, the Speaker has been allowed to decide on resignation of 15 MLAs within an “appropriate time frame”. Meanwhile, the court said that the 15 MLAs cannot be compelled to participate in proceedings of Assembly till the Speaker takes a decision. As suspense mounted over the fate of the 14-month-old Kumaraswamy government in Karnataka, the Supreme Court will deliver on Wednesday its crucial order on the pleas of 15 rebel Congress-JD (S) MLAs seeking a direction to Assembly Speaker to accept their resignations. The court decision capped high-voltage arguments Tuesday during which Chief Minister HD Kumaraswamy said the rebel MLAs are “hunting in a pack”, alleging their motive is to bring down his government while the dissidents submitted that Speaker KR Ramesh Kumar wants to prop up a government which has lost majority. The Speaker on his part said that he, being a constitutional functionary, cannot be directed to first decide on the resignations of the MLAs and thereafter the pending disqualification applications. The chief minister is due to face a trust vote on Thursday and his government could collapse ahead of it if the resignations of the rebel MLAs are accepted by the Speaker. A bench headed by Chief Justice Ranjan Gogoi said it was not restraining the Speaker from deciding the disqualification but was only asking him to ascertain whether the rebel MLAs voluntarily resigned. The bench, also comprising Justices Deepak Gupta and Aniruddha Bose, also said the apex court had given a “very high status” to the Speaker while interpreting the anti-defection law decades ago and “probably that needs a re-look after so many years.” The bench said there are rival submissions on the issue of resignation and disqualification of MLAs and “we will do the required balancing.” The ruling coalition’s strength in the House is 117 — Congress 78, JD(S) 37, BSP 1, and nominated 1, besides the Speaker. With the support of the two independents who have withdrawn support, the opposition BJP has 107 MLAs in the 225-member House, including the nominated MLA and Speaker. If the resignations of the 16 MLAs are accepted, the ruling coalition’s tally will be reduced to 101. The nominated member too has a right to vote. Kumar said he is working in accordance with the Constitution and was performing his duty. “Ultimately, what the Supreme Court will come out with (its verdict), after going through that, I will respond,” Kumar told reporters in Kolar district. “I will only perform my duty… everyone will have to wait till tomorrow.” In a bid to keep their flock together ahead of the floor test, the Congress, BJP and JD(S) have shifted their MLAs to resorts. The Congress on Tuesday shifted its MLAs from a hotel in the city to a resort on the outskirts, amid fears that some more legislators may resign. During the hearing, the court also questioned the contentions of the Speaker that the issue of disqualification has to be decided first by asking him what was he doing till 10 July when the MLAs had resigned on 6 July itself. “On 6 July, they (rebel MLAs) say they had given their resignations. The Speaker did not do anything until the Supreme Court’s order (of 11 July),” the bench said, adding, “What is the scope of the pending disqualification”. “Pursuant to the court’s order, they appeared physically before the Speaker. Then why he (Speaker) did not decide it? He (Speaker) is saying that he will take time in deciding this. What does he mean by this?” Senior advocate Rajeev Dhavan, appearing for Kumaraswamy, said these rebel MLAs are “hunting in a pack” and the Speaker cannot “turn a blind eye” to it since their motive is to bring down the government. “This is not the Speaker versus the court. This is between the chief minister and somebody who wants to become the chief minister and bring down this government,” he said, while urging the court to vacate its two interim orders asking the Speaker to decide the resignations and maintain a status quo respectively. Senior advocate Mukul Rohatgi, appearing for rebel MLAs, said the Speaker is acting in a “partisan” and “malafide” manner by not accepting their resignations and he has “frustrated” the fundamental rights of these lawmakers to resign. He said as per constitutional rules, the Speaker has to take an “immediate” decision on resignations and by not doing this, he is “flouting the rules”. “Here is a government which has lost majority in the house and here is a Speaker who wants to prop up this government,” Rohatgi said, adding that resignation is different from disqualifications proceedings, which is akin to a time taking “mini-trial”. He said the whole design not to accept resignations and keep the disqualification issue pending is for making the ruling coalition issue a whip to their MLAs to act in a particular manner when the confidence motion is put to vote on 18 July as any contrary action would invite disqualification. Senior advocate AM Singhvi, appearing for the Speaker, said disqualification pleas against the MLAs were filed prior to their resignations on 11 July when they physically appeared before Speaker. “It is a common ground that 11 out of these 15 MLAs have handed over their resignations physically to the Speaker on 11 July,” he said, adding, “resignation cannot be a ground to frustrate the disqualification proceedings”. However, when Singhvi was making the submissions that the MLAs had earlier not made their physical appearance before the Speaker, the bench asked, “What stopped you (Speaker) from taking the decision when these MLAs physically appeared before you on 11 July after this court passed the order”. “What stopped you (Speaker) to say whether the resignations were voluntary or not?” the bench asked the senior advocate, who said the “Speaker was taking a holistic view before deciding the resignations”. Singhvi said that there is a one-page affidavit of the Speaker seeking modification of its interim order by which he was asked to maintain status quo so that he can decide the issue of resignation of these MLAs. While he was making this submissions, the bench said, “Very well. You decide the resignation at the earliest and then decide the disqualification”. Singhvi said the apex court does not have such jurisdiction to ask the Speaker to act in a particular manner or to decide the issue of resignation in a time-bound manner. He also submitted that the Speaker can take decision on both the issues — disqualification and resignation — if asked by Wednesday.

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