August 2019
7:06 AM IST
News Headlines
Deepa Malik joins Bajrang for Khel Ratna, cricketer Jadeja among 19 for Arjuna        Mary Kom recuses herself from Saturday's sports award meeting        Trump says Apple will spend 'vast sums' in US        Coffee Day Enterprises says debt to fall to Rs 1,000 cr post sale of Bengaluru tech park        Modi arrives in Bhutan on two-day visit        Hong Kong protest tensions heat up in Australia        Separatists vacate key offices in Yemen's Aden: Minister        Fire at AIIMS, 22 fire tenders rushed        Soldier killed in Pak firing along LoC in J-K's Rajouri        Jaitley on life support; Nitish, Piyush Goyal and others visit AIIMS        Ravi Shastri reappointed head coach of Indian team till 2021        Archer strikes as Australia slump to 80-4 in second Ashes Test        Hong Kong protests: Trump urges Xi to meet pro-democracy demonstrators        Myanmar, Bangladesh schedule Rohingya repatriation        2 Israelis, Palestinian assailant hurt in West Bank car ramming: army        Sensex, Nifty edge higher on stimulus talks; post weekly loss        Over 3,000 temporary jobs cut due to slowdown: Maruti Suzuki        Airtel shareholders approve waiver in recovery of excess pay to Mittal        Kashmir remains shut for 12th consecutive day        We would like to give little time: SC on plea seeking removal of restrictions on media in J-K        
Home   | Main News   | Kerala  | National   | International  | Business   | Sports   | Entertainment   | Columns   | Offbeat   | Health   | About Deepika 
Main News
Karnataka political crisis: SC to deliver order Wednesday on pleas of rebel MLAs
New Delhi: The Supreme Court will deliver on Wednesday its crucial order on pleas of 15 rebel Congress-JD (S) MLAs seeking a direction for Karnataka Assembly Speaker K R Ramesh Kumar to accept their resignations, which may seal the fate of 14-month-old H D Kumaraswamy government. The apex court reserved its order after high-voltage arguments in which Kumaraswamy and the Speaker questioned its jurisdiction on entertaining the rebel MLAs, who alleged that they are being forced to act in a particular manner so as to save the coalition government that has lost majority.

Kumaraswamy and Kumar contended that the court cannot enter into the Speaker''s domain by asking him first to decide on the resignations of these MLAs and thereafter the applications seeking their disqualification. However, 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 they voluntarily resigned. The bench, also comprising Justices Deepak Gupta and Aniruddha Bose, also said that 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 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 July 10 when the MLAs had resigned on July 6 itself. "On July 6, they (rebel MLAs) say they had given their resignations. The Speaker did not do anything until the Supreme Court''s order (of July 11)," the bench said. "What is the scope of the pending disqualification?" it added. "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 bench asked. Senior advocate Rajeev Dhavan, appearing for Kumaraswamy, said that 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. Senior advocate Mukul Rohatgi, appearing for rebel MLAs, said the Speaker is acting in a "partisan" and "mala fide" manner by not accepting their resignations and he has "frustrated" the fundamental rights of these lawmakers to resign.

He said as per constitutional rules, Speaker has to take an "immediate" decision on resignations and by not doing this, the Speaker is "flouting the rules". "Here is a government which has lost majority in the House and here is a Speaker who wants to prop 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 July 18 as any contrary action would invite disqualification.

Senior advocate A M Singhvi, appearing for the Speaker, said disqualification pleas against the MLAs were filed prior to their resignations on July 11 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 July 11," he said, adding that, "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 July 11 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. The day''s hearing concluded after Rohatgi asked the bench to pass a direction to continue with its interim order directing the Speaker to maintain status quo on the issue of resignations and disqualification of the MLAs. He also asked the bench that if the House assembles for business the 15 rebel MLAs be exempted from appearing on the basis of the whip of the ruling coalition.

Jaitley on life support; Nitish, Piyush Goyal and others visit AIIMS
What happens in future depends on circumstances: Rajnath on 'no first use' of nuke policy
Death toll rises to 95 in torrential rains, floods in Kerala; 59 still missing
Death toll rises to 92, about 59 are still missing in Kerala
SC refuses to pass directions on lifting of restrictions in J&K; will take up matter after 2 weeks
Death toll rises to 83, about 2,55,662 people shifted to 1,413 relief camps in Kerala
Death toll rises to 72, about 2,47,219 people shifted to 1,639 relief camps in Kerala
Rain Fury in Kerala: Death toll rises to 57; about 1,65,519 people shifted to relief camps
Furious monsoon devastates Kerala, death toll rises to 40 but all-likely to increase
Incessant rains continue, Kerala CM seeks help of defence forces for rescue operations
Doval visits south Kashmir; meets locals, policemen
Pakistan closes a corridor of its air space
Passage of JK bill momentous occasion, new dawn awaits: Modi
Pak violates ceasefire for 2nd consecutive day
Prez declares abrogation of provisions of Article 370
Former External Affairs Minister Sushma Swaraj passes away
RS approves resolution on J&K
Govt revokes Art 370 from Jammu and Kashmir, bifurcates state into two UTs
All clauses of Article 370 will not be applicable in JK: Shah
Indian Army asks Pak military to take possession of bodies of its personnel
Flood in Kerala: CM conducts aerial survey
 Kochi: Kerala Chief Minister Pinarayi Vijayan along with his ministers and government officials carr  
Kerala rains: Toll climbs to 88, 40 still missing
Red Alert in Alappuzha, Ernakulam and Idukki
Singer Biju Narayanan's wife passes away
Modi arrives in Bhutan on two-day visit
 Paro: Prime Minister Narendra Modi received a red-carpet welcome as he arrived in Bhutan on Saturday
Hong Kong protest tensions heat up in Australia
Separatists vacate key offices in Yemen's Aden: Minister
Hong Kong protests: Trump urges Xi to meet pro-democracy demonstrators
Fire at AIIMS, 22 fire tenders rushed
 New Delhi: A fire broke out at the AIIMS here on Saturday evening and 22 fire tenders were rushed to
Soldier killed in Pak firing along LoC in J-K's Rajouri
Kashmir remains shut for 12th consecutive day
We would like to give little time: SC on plea seeking removal of restrictions on media in J-K
Untitled Page
Rashtra Deepika LTD
Copyright @ 2019 , Rashtra Deepika Ltd.