Karnataka Crisis LIVE: Speaker says working as per Constitution, Supreme Court order tomorrow
The apex court will give its orders on the plea by rebel MLAs at 10.30 am tomorrow, first thing in the morning.
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Working as per the Constitution, says Speaker
Reacting to the day's developments, Speaker Ramesh Kumar has said he is working in accordance with the Constitution and was performing his duty. Ultimately, what the Supreme Court will come out (its verdict), after going through that, I will respond," PTI quoted him as telling reporters in Kolar district."I am not someone who is going to challenge...I will only perform my duty..every one will have to wait till tomorrow," he added. Stating that he was working in accordance with the Constitution, he said "I don't have freedom to comment on all other matters being the Speaker."
Karnataka Crisis: SC to pronounce order on the rebel MLAs' petition Wednesday
It is up to the Governor to decide to whom he invites to form the government. I am hopeful that we will form the government in Karnataka
- Shobha Karandlaje
Rebel MLAs want exemption from trust vote, SC order tomorrow
The SC has reserved its orders on the Congress MLAs plea to exempt them from the Karnataka trust vote on Thursday.This would help them avoid disqualification if they defy a whip to back the government which has now been reduced to a minority. Disqualification will mean no ministerial berth in any alternative government unless they get re-elected.
Orders tomorrow at 10.30 am, first thing in the morning
SC may exempt us from appearing in trust vote, plead rebel MLAs
Can't mix resignation with disqualification, otherwise the MLA will have to continue for 5 years if disqualification continues: Rohatgi
The process of the 10th schedule is long winded and takes time. You can't force to vote when a man doesn't want to be part of the House: Rohatgi
Rohatgi: The Speaker is bound by these rules. He's flouting these by saying he will go fishing
Rebel MLAs say they have resigned as per rules and that the Speaker must accept immediately
Resignation is separate from disqualification: Rohatgi
Rohatgi: Fundamental right to continue in the House or not is being interfered with by the Speaker. That is partisan and mala fide
Rohatgi, arguing for the rebel MLAs, begins his rejoinder
There are party and constituency obligations: CM's counsel
CM's counsel argues: Thursday is the trust vote. A three-line whip has been issued. The budget is also on the agenda. There has to be a full fledged debate on this. On the basis of party and constituency obligations. Can the Speaker stand by if there is a truncated debate?
Dhavan too cites the political thicket doctrine, says the court need step in only if the Speaker's decision is perverse
Dhavan: SC can't say what the Speaker was doing for 4 days. Where were the MLAs? Why didn't they resign in person?
The political texts of the Constitution is looked after by the PM, Speaker etc and the legal text has court as the custodian: Dhavan
Dhavan questions how the court can suspend the Speaker's powers
Courts must interfere only after the Speaker has taken a decision, and that too only on limited grounds such as mala fide etc: CM's counsel
The Speaker is a Constitutional functionary, the court must trust him: CM's counsel
The Speaker has to make his enquiry and be satisfied. The process is not complete: CM's counsel
They were hunting in a pack with the BJP to bring down the government, says CM's counsel.
Courts have never read the Constitution in such a disjunctive manner, the rebels can't just say the Speaker is mala fide: CM's counsel
Disqualification and resignation must be read together, argues CM's counsel
Rajeev Dhavan now argues that resignation and disqualification cannot be delinked.. "There is a misconception about resignation and disqualification. Defection can be covert or implied. Don't read resignation and disqualification in splendid isolation. They have to be read together," he argues
A mere reference to Speaker's arbitrariness is not enough, the mala fides of the Speaker must be a chain of circumstances: CM's counsel
The court should never have entertained the petition by the rebels: Dhavan
CM's counsel: SC's interim orders ( made Friday) were in excess of jurisdiction. This is not Speaker versus CJI. It is the CM versus someone else who wants to be the CM by bringing down the govt.
Court doesn't have the jurisdiction to interfere now, it is not doing full justice: CM's counsel
Rebel MLAs hunting in a pack, says CM's counsel
Rajeev Dhavan argues: This is not a case of individual resignations and that the rebel MLAs are hunting in a pack. What is before the Speaker is 11 hunting as a pack. Can he turn a blind eye? They went to the Governor and to a hotel after. All of them want to be ministers in any other alternative that follows. Why should Speaker ignore the notorious things which are bringing 10th schedule and parliamentary democracy into disrepute?
Rajeev Dhavan now arguing on behalf of CM Kumaraswamy
The Speaker makes an offer: Will decide both resignations and disqualifications as early as possible. But no court interference at this stage. The court could lay down the deadline if it wants to.
MLAs never personally met the Speaker and hence the question of accepting their resignation did not arise. They met the Speaker only after court passed its order : Singhvi
Rebel MLAs can't move Article 32 as their fundamental rights are not involved: Singhvi
Singhvi again urges the CJO not to enter the political thicket, and let the Speaker exercise his discretion.
We have to find a balance, says the bench
CJI tells Singhvi: You say resignation can't be used to defeat the 10th schedule. Rohtagi says 10th schedule can't be used to prevent a man from resigning. We have to find a balance.
If candidates change affiliation, they must face the consequences, Singhvi argues
This time he argues about the evil of defection "which is corroding political parties and their role".
Singhvi, appearing for the Speaker, continues his arguments post lunch
In the meanwhile, Roshan Baig is back home
IMA Ponzi Scam case: Suspended Congress MLA Roshan Baig who was taken for inquiry yesterday from Bengaluru airport… https://t.co/prAv7YY8lP
What happened in SC today morning: All you need to know
A quick roundup for those who came in late.10 rebel MLAs - followed later by 5 others - of the Congress and JD(S) approached the Supreme Court praying that it orders the Speaker to decide on their resignations forthwith. The resignations would put the 13-month-old HD Kumaraswamy govt short of a majority. Despite an indirect nudge from the SC, the Speaker last week stuck to the position that he would need time and that he would have to decide disqualifications first - something which could force the rebels to come back to their parent parties.
Today, Mukul Rohatgi, appearing on behalf of the rebel MLAs, argued that the Speaker was acting in a partisan manner. That he was sitting on the resignations to force the 15 MLAs to obey the party whip - under fear of disqualification - and vote for the govt in the upcoming trust vote ( Kumaraswamy is set to move a confidence motion on Thursday). They prayed to the court to order the Speaker to decide on the resignations by tomorrow.
Abhishek Manu Singhvi who appeared on behalf on the Speaker argued that this resignation is just defection by proxy. That the rebel MLAs have been hobnobbing with BJP leaders. That deciding on disqualification first would be the check on defection and that the Speaker was bound to do that under the rule book. When the CJI , who is part of the 3-member bench, questioned him sharply about the delay, he offered that the Speaker can decide both disqualifications and resignations by tomorrow. His prayer: please do not step in now, let the Speaker make his decision, and then interfere.
Arguments resume post lunch in a short while from now. Watch this space for the latest updates by ET's Legal correspondent, Samanwaya Rautray
Resort-hopping continues in Karnataka
Bengaluru: Congress MLAs arrive at Windflower Prakruthi resort,Devanahalli from Taj Yeshwantpur hotel. #Karnataka https://t.co/73Jtim0ha6
Resignation against party interest will amount to defection, argues Singhvi
Singhvi has again urged the court to leave the issue to the Speaker to decide and then interfere later.
Earlier court rulings bar courts from interfering before the Speaker takes a call, his counsel argues.
Singhvi tells SC that the rebel Congress and JD(S) MLAs were hobnobbing with BJP leaders
Singhvi says courts do not interfere before the Speaker has taken a decision. A decision is awaited.
Can decide resignations and disqualifications by tomorrow, Speaker's counsel offers
Singhvi says the court can't act as Speaker. Nor ask him what to do. He wants the court to allow things to play out. The CJI insists that the Speaker must first decide resignations. Singhvi offers room to decide resignations and disqualifications both by tomorrow.
Allow this to play out, then interfere: Speaker's counsel tells SC
Singhvi argues in SC: If the court interferes when the Speaker is actively deciding, then the resignation will then be an escape from disqualification. The Court should allow the Speaker to exercise his powers. Allow this to play out. Then interfere.
Abhishek Manu Singhvi , appearing on behalf of the Karnataka Assembly Speaker has started speaking. He says disqualifications precede resignations. Disqualification takes effect from the date of act of defiance by the MLAs, he argues