Karnataka political crisis updates: Supreme Court reserves order on rebel MLAs' resignation for tomorrow at 10.30 am

Karnataka political crisis LIVE updates: The Supreme Court reserved order on the rebel MLAs' resignation case for tomorrow at 10.30 am.

FP Staff July 16, 2019 15:29:49 IST
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Karnataka political crisis updates: Supreme Court reserves order on rebel MLAs' resignation for tomorrow at 10.30 am
  • A crucial hearing on the Karnataka political crisis will take place on Tuesday in the Supreme Court which will examine

  • 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 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

Highlights

LIVE NEWS and UPDATES

July 16, 2019 - 16:20 (IST)

Meanwhile, SIT releases Roshan Baig after marathon questioning in IMA ponzi scheme case

Rebel Congress MLA Roshan Baig was released from detention after several hours of questioning from Monday night by the Special Investigation Team (SIT) probing the alleged IMA ponzi scheme.

Baig, detained by sleuths of the team before he was to board a chartered plane to an unknown destination from the Bengaluru airport, let go with a rider that he will have to turn up on 19 July for further questioning, SIT sources said. The SIT had asked Baig, to appear before it on 15 July but he did not turn up citing important works and had instead said he would be available on 25 July.

PTI

July 16, 2019 - 15:45 (IST)
SC has no jurisdiction to pass interim orders asking Speaker to maintain status quo: HDK
 
Karnataka chief minister HD Kumaraswamy told the Supreme Court on Tuesday that it had no jurisdiction to pass the two interim orders asking the Assembly Speaker to decide and, later, maintain the status quo on the resignations and disqualification of the rebel MLAs.
 
Senior advocate Rajeev Dhavan, appearing for Kumaraswamy, told a bench headed by Chief Justice Ranjan Gogoi that the Speaker cannot be compelled to decide this issue in a time bound manner. "When resignation process is not in order, court cannot direct Speaker to decide by 6 pm," Dhavan told the bench.
 
Kumaraswamy also told the court that the rebel MLAs were hunting in a pack to destabilise his government and that the court should not have entertained their petitions.
 
PTI

July 16, 2019 - 15:24 (IST)

SC to pronounce order on Karnataka MLAs resignation at 10.30 am on Wednesday

July 16, 2019 - 15:21 (IST)

'Speaker wants to prop up a minority govt': Mukul Rohatgi

"This is a government which has lost majority and the Speaker only wants to prop up a govt which is in minority, argues Mukul Rohatgi. "The constitution binds the Speaker to decide on resignations immediately if there is no material to the contrary. It is for nobody to go into my mind or my heart when I resign voluntarily," Rohatgi adds.

"I have  a fundamental right to resign and walk away," he concludes.

July 16, 2019 - 15:13 (IST)

'Let all rebel MLAs be present on Thursday for trust vote,' urges Dhavan

"Let all rebel MLAs be present on Thursday for the trust vote in the Assembly," Dhavan told HC.

Meanwhile, Mukul Rohatgi countered the argument of the Speaker that no fundamental right has been violated. "My right to resign and do what I want is being violated," he said arguing on behalf of the rebel MLAs.

July 16, 2019 - 15:08 (IST)

Dhavan makes a submission on 'political thicket'

Rajeev Dhavan is now making submissions on "political thicket". Their intent is to defeat us by luring numbers before budget, says Rajeev Dhavan on "political thicket". " Political thicket doctrine does not say to Your Lordships 'we can enter any political thicket we like,' Dhavan says. "There has to be a full debate. There cannot be a truncated debate on this," he submits.

 

July 16, 2019 - 15:05 (IST)

Judicial review can't be exercised before Speaker's decision: Rajeev Dhavan

"This Court can interfere only after the decision is made and not before that. Judicial review cannot be exercised before the Speaker has taken a decision," argues Dhavan. "Your Lordships are being persuaded to say 'abandon all due process under A. 190'," he said.

July 16, 2019 - 14:49 (IST)

Speaker has to take notice of the fact that 15 MLAs are hunting in pack, says Rajeev Dhavan

Dhavan said that it is the motive which is important, the MLAs flew to Mumbai when they could have instead met the Speaker.

July 16, 2019 - 14:44 (IST)

'Allegations levelled by rebel MLAs are wrong,' says Rajeev Dhavan

Article 190 should be read along with the Tenth schedule, Dhavan argued in the court.

July 16, 2019 - 14:36 (IST)

SC doesn't have powers to interfere with Speaker's decision-making process: Rajeev Dhavan

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 Dhavan.

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.

Updated Date:

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