"Speaker riding on two horses", Karnataka rebel MLAs tell Supreme Court
The Supreme Court today gave a reprieve to Karnataka's HD Kumaraswamy-led Congress-JD(S) coalition government as it ruled there would be no decision on the resignation of dissident lawmakers who threaten the government's survival. A bench headed by Chief Justice Ranjan Gogoi said the matter required a detailed hearing and schedule it for further hearing on Tuesday. "The matter to be heard on Tuesday and status quo will remain on the legislators," the Supreme Court said after hour-long arguments involving the lawyers for the rebels, Speaker KR Ramesh Kumar and Chief Minister HD Kumaraswamy.
The 11-day monsoon session of the Karnataka legislature began today with the coalition government on a sticky wicket following resignation of 18 of its lawmakers. Chief Minister HD Kumaraswamy declared that he was ready to seek a trust vote to prove his majority on the floor of the house, and asked the Speaker to fix a time.
On Thursday, 10 of the 18 rebel Karnataka lawmakers met Assembly Speaker and submitted their resignation, but their resignations have not been accepted so far. "There is a feeling that I am deliberately holding back the resignations. They say that I intentionally refrained from meeting them when they visited my office on July 6 without an appointment. But the truth is, I had to leave early. Being a Sunday, I had prior commitments," he said.
The Congress has asked all it's lawmakers to appear for the Assembly Session, failing which the anti-defection law will be applied against them.
The HD Kumaraswamy-led Karnataka coalition, which came to power in May last year, is hanging on to power by the fingernails after 18 resignations since last week.
The coalition's 118 members will come down to 100 if these resignations are accepted and the majority mark will drop from 113 to 105. The BJP has 105 members and the support of the two Independents, which takes its tally to 107.
Here are the Highlights on the Karnataka crisis:
In the wake of H D Kumaraswamy deciding to seek a trust vote, Karnataka Assembly Speaker K R Ramesh Kumar on 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 was quoted by news agency Press Trust of India.
"I feel that it can be heard because he had said that he will not cling to power in the current situation. I cannot say that I will hear it today itself. He has only informed me that on a certain day he will seek the trust vote. My job will be to include it in the list of business of the day," Ramesh Kumar added.
Asked whether he would still start proceedings on the resignation by three lawmakers, Ramesh Kumar said, "I will start the process if they come. If they don't come I will sleep at home. That's it."
Congress to move its lawmakers to Clarks Exotica Convention Resorts in Bengaluru after the Assembly proceedings today.
Karnataka's coalition government's survival is facing an extensional crisis as 16 of its lawmakers including 13 from the Congress, have resigned from the government. Two independents, who were made Ministers recently, have withdrawn support to the 13-month old
Congress-JD(S) coalition government.
Chief Minister HD Kumaraswamy has sought time from Speaker to prove majority in Assembly. "After all these developments, I am seeking your permission and time to prove the majority in this session," he said.
Supreme Court orders status quo on resignations by rebel lawmakers.
Supreme Court dictating order now.
Senior advocate Rajeev Dhavan, appearing for Chief Minister HD Kumaraswamy, said: "Order on resignations was passed by Supreme Court without issuing notice to speaker," news agency PTI reported quoting him as telling the court.
"Supreme Court one of the rebel lawmakers was involved in Ponzy scheme for which government is being accused of," Mr Kumaraswamy alleges.
Rebel MLAs say speaker questioned their move to approach SC and said "go to hell" to them in front of media.
Speaker is very senior member of Assembly, he knows Constitutional law. He can't be maligned, lampooned like this, Mr Singhvi tells bench.
Speaker can be given one or two days to decide on resignations. If he does not decide, contempt notice can be issued against him, rebel lawmakers tell court.
Speaker duty-bound and empowered to decide on disqualification of MLAs first, Abhishek Manu Singhvi tells the bench.
Senior advocate Abhishek Manu Singhvi, appearing for Speaker, refers to provisions and says he holds constitutional post. "Speaker was not served copy of petition, plea was controverted by rebel MLAs," he argues.
The issue is that matter of resignations has nothing to do with Speaker's powers inside the house, submits Mukul Rohatgi.
Mukul Rohatgi, who is appearing for rebel MLAs', submits to the Supreme Court that the Speaker is answerable to this court, except under certain circumstances. He may not respond under certain sections and provisions, he is entitled exemption.
BJP has asked its lawmakers to attend the monsoon session.
Karnataka Congress has denied reports that the youth Congress have approached the top court asking for disqualification of the lawmakers.
"Contrary to the reports showing in media that Youth congress has petitioned the SC asking for MLA's disqualification is far from truth. Youth congress is not involved in any such petition. We request Media to exercise caution & verify legitimacy of such news before airing them," it tweeted.
Anil Chacko Joseph, the Secretary of the Karnataka youth Congress has moved the Supreme Court. He says en masse resignation by Karnataka MLAs is a mockery of their electorate. They cannot be voted for one ideology and later join an ideology diametrically opposite. "The MLAs have been bought or persuaded to resign by payment of enormous sums of money," he says.
"Congress-JDS coalition Is Going Strong: HD Kumaraswamy
Chief Minister HD Kumaraswamy has tweeted that he is "confident" despite "efforts to destabilise" his government.
"Congress-JDS coalition in the state is going strong despite the efforts to destabilize. We are confident and prepared for a smooth and fruitful conduct of legislative sessions," Mr Kumaraswamy tweeted late last night, hours after he ruled out resigning.
The Congress has asked all it's lawmakers to appear for the Assembly Session, failing which the anti-defection law will be applied against them.
The 11-day monsoon session of the Karnataka legislature will begin today with the H D Kumaraswamy-led Congress-JD(S) coalition government on a sticky wicket following resignation of 18 of its lawmakers. Despite facing an existential crisis, Chief Minister HD Kumaraswamy said his Cabinet was ready to face the situation "bravely" and "withstand" it unitedly. Mr Kumaraswamy said he was ready to face a no-confidence motion, if moved by the opposition BJP.