Karnataka political crisis LIVE updates: The Supreme Court reserved order on the rebel MLAs' resignation case for tomorrow at 10.30 am.
Karnataka political crisis LATEST updates: The Supreme Court reserved order on the rebel MLAs' resignation case for tomorrow at 10.30 am.
Supreme Court has no powers to interfere with the decision making process of the Speaker. The Court exceeded its jurisdiction by directing the Speaker on 11 July 11 to take a decision on resignations, states Kumaraswamy's counsel Rajeev Dhavan.
Supreme Court pulled up the Speaker saying, "What has he done since 6 July when the resignations were given. The Speaker didn't do anything until the rebel MLAs came to court," the apex court said. The court also argued against Abhishek Manu Singhvi saying that there is no requirement that a member has to be physically present in order to resign. "They can send letters too," the top court stated.
Abhishek Manu Singhvi who is representing the Karnataka Speaker requested for a modification of Supreme Court's 12 July order so that Karnataka Speaker can decide on both resignations and disqualification of rebel MLAs by Wednesday.
The CJI-led bench is hearing the petition by rebel MLAs. Senior Advocate Mukul Rohatgi is making a submission on the rebel MLAs' behalf. He argues that nobody can force the MLAs and their resignation must be accepted." "If I don't want to be an MLA, how can I be forced to attend house?" he submitted in the top court.
Rebel Congress MLA Roshan Baig's advocate has filed a petition in high court questioning the detention of his client in connection with the IMA case, ANI reported.
Responding to Kumaraswamy's allegations of horse-trading with regards to detention of Roshan Baig and BJp's hand in helping the rebel MLA escape, the BJP said on Tuesday that Baig was given time till 19 July to appear before SIT and that the "state government is blackmailing and treating their own MLAs’ using institutions".
A crucial hearing on the Karnataka political crisis will take place on Tuesday in the Supreme Court which will examine "weighty" constitutional issues in the resignation and disqualification of 15 rebel MLAs of the ruling Congress-JD(S) coalition.
The apex court, which was dealing with the plea of 10 rebel MLAs on 12 July, will now hear five more lawmakers who have sought identical relief that Karnataka Assembly speaker KR Ramesh Kumar accept their resignations as well.
The five MLAs, Anand Singh, K Sudhakar, N Nagaraj, Munirathna and Roshan Baig, mentioned their application before a bench of Chief Justice Ranjan Gogoi and Justice Deepak Gupta Monday seeking impleadment as parties to the pending plea on which it was ordered that the speaker would not take any decision till Tuesday on the resignations and disqualifications.
The bench allowed senior advocate Mukul Rohatgi who mentioned the matter for all the 15 MLAs to amend the petition for expanding the grounds in support of their stand to resign.
The apex court on 12 July had asked the speaker to maintain status quo on the issue.
The 10 rebel MLAs, on whose petition the status quo was ordered, were — Pratap Gouda Patil, Ramesh Jarkiholi, Byrati Basavaraj, BC Patil, ST Somashekhar, Arbail Shivaram Hebbar, Mahesh Kumathalli, K Gopalaiah, A H Vishwanath and Narayana Gowda.
The resignations of these MLAs has plunged the HD Kumaraswamy government in Karnataka into a crisis as it faces the risk of losing majority in the Assembly. Apart from the question of maintainability of the writ petition filed under Article 32 of the Constitution by the MLAs, the Supreme Court had said it needs to address as to whether the speaker is obligated to decide on the disqualification proceedings before accepting the resignation of legislators.
The counsel for the rebels MLAs had contended that the speaker has not decided on the resignation of the lawmakers to bind them with the party whip and disqualify them from the membership if they violate the whip on the floor of the House.