Karnataka political crisis: Supreme Court to pronounce verdict on resignation of MLAs tomorrow

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Updated:Jul 16, 2019 4:52:43 pm

Karnataka Crisis: The Supreme Court will announce its verdict on the plea of Karnataka MLAs against Assembly Speaker KR Ramesh Kumar, who has refused to accept their resignation, on Wednesday at 10.30 am.

karnataka assembly, karnataka crisis, karnataka government crisisKarnataka Assembly crisis, Karnataka political crisis LIVE: Supreme Court to hear pleas of rebel MLAs on Tuesday.

Karnataka political crisis: The Supreme Court will pronounce its verdict over the plea against Karnataka Assembly Speaker KR Ramesh Kumar moved by rebel Karnataka MLAs over the delay in acceptance of their resignations on Wednesday. After hearing  arguments from all three sides, the Supreme Court reserved its order till tomorrow 10.30 am.  The rebel MLAs, represented by Mukul Rohatgi, told the Supreme Court that Speaker was infringing upon their rights by not accepting their resignations from the Legislative Assembly. During the hearing in the Supreme Court, Rohatgi urged the court to issue an order to the Speaker to decide on the resignations within a time frame. He referred to the May 2018 order passed by the Supreme Court to say “the order which your lordships passed on the first day, asking the Speaker to decide within a time frame”.

Rohatgi argued that the Speaker KR Ramesh Kumar’s decision not to accept the resignations citing they are not according to the set norms is wrong. He said that reasons for resignation could be many. “Unless it is involuntary, Speaker cannot keep it pending,” Rohatgi told the bench. In the present case, he said that Speaker said reason for resignation is to avoid disqualification but that does not mean it is involuntary. “Article 190 says if resignation is by hand and there is no other material, the Speaker has to take a decision as fast as possible. He cannot keep it pending,” he said.

Rohatgi also said that the disqualification proceedings against the MLAs were a clear attempt to stutter the resignations as the government was in minority. Rohatgi said that the Speaker was infringing upon the rights of the MLAs. He said that his clients don’t want to be MLAs and want to go back to the public. “I am not saying quash the disqualification proceedings. Disqualification can go on. I am saying I don’t want to be an MLA. I don’t want to defect. I want to go back to public and do whatever I want to do. It is my right to do what I want to do. Speaker is infringing that right of mine,” he told the top court.

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Highlights

    15:29 (IST)16 Jul 2019
    Karnataka political crisis: SC order tomorrow

    After hearing arguments from all the three sides, the Supreme Court had reserved its order for tomorrow. The court will pass its verdict concerning the political crisis in Karnataka at 10.30 am tomorrow. 

    15:25 (IST)16 Jul 2019
    Karnataka crisis hearing: Govt lost majority, says Mukul Rohatgi

    The Speaker only wants to prop up a government which is in minority. This government is in minority, Mukul Rohatgi tells Supreme Court.

    15:22 (IST)16 Jul 2019
    Karnataka political crisis: Fundamental right violated, says Mukul Rohatgi

    Making submission on behalf of the MLAs, Mukul Rohatgi says that the fundamental right is being violated. "My right to resign and do what I want is being violated," Rohatgi tells the apex court.

    15:09 (IST)16 Jul 2019
    Karnataka political crisis: Hearing in Supreme Court

    Making submissions on 'political thicket', Rajeev Dhavan tells Supreme Court that the intent of the MLAs is to defeat CM HD Kumaraswamy by luring numbers in the House before the Budget session.

    14:53 (IST)16 Jul 2019
    Karnataka political crisis hearing in Supreme Court: '15 MLAs hunting in pack', says Rajeev Dhavan

    Rajeev Dhavan tells Supreme Court that Karnataka Assembly Speaker must take note that 15 MLAs are 'hunting in pack'.

    14:41 (IST)16 Jul 2019
    Dhavan says Rohatgi told SC that MLAs can become ministers

    Dhavan noted that the MLAs flew to Bombay when they could have met the Speaker. Rephrasing his argument, Dhavan told Rohatgi "CJI asked can they become Ministers and you said yes".

    14:27 (IST)16 Jul 2019
    Rajeev Dhavan agrues on behalf of CM HD Kumaraswamy

    Senior lawyer Rajeev Dhavan, represewnting CM HD Kumaraswamy, said that strategy of other side has been clearly disclosed. 'They have clearly said once resignations are accepted they will later become Ministers. So that motive is what Speaker has to go into,' he said. Mukul Rohatgi makes an intervention, says he never said rebel MLAs want to be ministers.

    14:25 (IST)16 Jul 2019
    SC's May 2018 order distorted: Singhvi

    Abhishek Manu Singhvi said that the order of Justice Sikri in May 2018 has been distorted and presented to this court. That order was given at a time when there was no Government or Speaker. "So a protem speaker was given directions," he said.

    14:16 (IST)16 Jul 2019
    Karnataka crisis LIVE: CJI Gogoi says disqualification and resignation are weighty issues, need to balance it

    CJI Ranjan Gogoi said that Singhvi says resignation is to circumvent disqualification and Rohatgi says Tenth Schedule is being invoked to defeat his right to resign. 'Both are weighty issues and we need to balance it,' he said.

    14:11 (IST)16 Jul 2019
    Karnataka crisis LIVE: Speaker offers to decide on resignations in a day

    Speker Ramesh Kumar has offered to decide on resignation of the rebel MLAs in a day. Meanwhile, the hearing in the Supreme Court has resumed.

    14:03 (IST)16 Jul 2019
    Congress MLAs arrive at a Bengaluru resort ahead of trust vote

    Congress MLAs have arrived at a resort in Bengaluru ahead of the trust vote. The trust vote would be held in Karnataka assembly on Thursday from 11am onwards.

    13:49 (IST)16 Jul 2019
    'Will decide on resignation of rebel MLAs by tomorrow': Karnataka speaker tells SC

    Karnataka assembly speaker Ramesh Kumar told the Supreme Court that he woudl take a decision on the regisnation of the Congress-JD(S) lawmakers by Wednesday. Kumar also asked the apex court to modify its earlier order.

    13:06 (IST)16 Jul 2019
    Hearing to resume at 2 pm

    The CJI bench rises for lunch. The hearing will resume at 2 pm. While Rohatgi arged that Speaker should decide on resignations within a time frame, Singhvi said that the disqualification proceedings started before the MLAs submitted their resignations on July 11.

    13:04 (IST)16 Jul 2019
    Disqualification proceedings pre-date resignations, reiterates Singhvi

    Abhishek Manu Singhvi reiterated that all resignations happened only on July 11 and all disqualification proceedings pre-date resignations.

    12:39 (IST)16 Jul 2019
    Singhvi says no order issued by SC to Speaker in 2018, CJI objects

    Singhvi said that ghhne the Supreme Court had not issued any order to the Speaker in May 2018. To this, CJI objected, saying the Supreme Court had to interfere because Governor had given 15 days to BJP prove majority and SC felt that was incorrect.

    12:36 (IST)16 Jul 2019
    Singh says BJP wants SC to do Speaker's job

    Singhvi then sought to distinguish that saying it was about government formation. "They are asking Your Lordships to interfere everywhere and do Speaker's job," he said.

    12:36 (IST)16 Jul 2019
    SC refers to May 2018 order to conduct floor test within 24 hours

    The Supreme Court observed that in May 2018, the court ordered Speaker to conduct floor test in 24 hours. "You did not object to it then because it went in your favour," CJI Gogoi tells Singhvi on the court's power to give directions to Speaker.

    12:34 (IST)16 Jul 2019
    CJI Gogoi asks Singhvi why can't Speaker decide on resignations?

    CJI gogoi asked Singhvi why can't Speaker decide on the resignations? He replied, "I am in fact looking at both resignations and disqualification holistically. I am doing better." Then decide the resignations, the CJI said.

    12:31 (IST)16 Jul 2019
    Resignation is itself disqualification: Singhvi

    Singhvi said that if there is a floor test tomorrow and an MLA wants to resign today which will lead to government falling. That resignation is itself disqualification, since it is against party's interests, he said, adding that this case is actually a disqualification case and Kihoto Hollohan applies.

    12:28 (IST)16 Jul 2019
    MLAs resigned to avoid disqualification: Singhvi

    Singhvi said that MLAs have resigned to avoid disqualification from the House. "Resignation can't be an escape route to avoid disqualification," he argued.

    12:27 (IST)16 Jul 2019
    Speaker has to decide on disqualification: Abhishek Manu Singhvi in SC

    Singhvi said that the Speaker has to decide on the disqualification of the MLAs. "I am very strongly suggesting that he has to decide on disqualification," he said. "How can they resign and get rid of disqualification?" he asked.

    12:25 (IST)16 Jul 2019
    No appointment was sought by MLAs, Singhvi tells SC

    CJI Gogoi asked Singhvi about Speaker being unavailable for an appointment and eventually MLAs having to come to court. Singhvi said that it is factually wrong and Speaker has filed an affidavit to that effect that an appointment was not sought.

    12:20 (IST)16 Jul 2019
    Only 11 MLAs appeared before Speaker on July 11: Singhvi

    Singhvi claimed that 11 of the 15 MLAs handed over resignations personally to Speaker Ramesh Kumar only on July 11. Four of the MLAs are yet to do so.

    12:19 (IST)16 Jul 2019
    Under Article 190, concerned MLA should appear before Speaker in person to submit resignation: Singhvi

    Singhvi said that the first step to start inquiry under Article 190 is for concerned MLA to appear before Speaker in person. In this case, that has happened on July 11, he contended.

    12:16 (IST)16 Jul 2019
    Disqualification proceedings begun before resignations: Abhishek Manu Singhvi tells SC

    Abhishek manu Singhvi, representing Speaker Ramesh Kumar, told the Supreme Court that Rohatgi has made made a factual error in his argument, Singhvi said that all disqualification proceedings are prior to resignations.

    12:03 (IST)16 Jul 2019
    Mukul Rohatgi refers to 2018 May SC order

    Mukul Rohatgi refers to 2018 May order passed by the Supreme Court asking floor test to be conducted in Karnataka Assembly within a day for BJP's BS Yeddyurappa to prove majority. "So court can issue order prescribing time frame to Speaker," Rohatgi said.

    12:02 (IST)16 Jul 2019
    Rohatgi wants Speaker to take call within a time frame

    The CJI asked Rohatgi what is the order he is seeking? To this, the lawyer said that "the order which your lordships passed on the first day, asking the Speaker to decide within a time frame".

    11:52 (IST)16 Jul 2019
    Speaker can't reject regiantion unless it is involuntary: Mukul Rohatgi

    Questioning the Speaker's decision not to accept the resignation and say the MLAs should be disqualified, he said that reasons for resignation could be many. 'Unless it is involuntary, Speaker cannot keep it pending,' Rohatgi told the bench. He said that in the present case, Speaker said reason for resignation is to avoid disqualification. 'That does not mean it is involuntary. Hence, he cannot keep it pending,' he said.

    11:34 (IST)16 Jul 2019
    Disqualification proceedings attempt to stutter resignations: Mukul Rohatgi

    Rohtagi said that the disqualification proceedings is nothing but an attempt to stutter the resignations. He also explained the differences in consequences of resignation and disqualification. One important aspect being that on resignation, the MLA can join other party, contest by elections and become Minister.

    11:32 (IST)16 Jul 2019
    Speaker can't keep resignations pending: Rebel MLAs tell SC

    Mukul Rohatgi said that Article 190 says if resignation is by hand and there is no other material, the Speaker has to take a decision as fast as possible. He cannot keep it pending.

    11:30 (IST)16 Jul 2019
    Congress-JD(S) govt should go: Rohatgi tells SC

    Mukul Rohatgi told the court that if "you deduct the number of petitioners who are before this court, then this (Congress-JDS) government will go".

    11:26 (IST)16 Jul 2019
    No real material for disqualification says Rohatgi

    CJI Ranjan Gogoi asked Rohatgi "what is the ground for disqualification proceedings?" To this, he replied, "That I am not acting in consonance with the party. There is no real material for disqualification. That is why it has been pending for so long. And my case is even if there are disqualification proceedings, that cannot be a bar for resignation."

    11:18 (IST)16 Jul 2019
    Speaker infringing my rights, submits Mukul Rohatgi on behalf of rebel MLAs

    Rebel MLAs lawyer Mukul Rohatgi told the SC that his clients don't want to be MLAs. He said that they want to go back to the public. 'I am not saying quash the disqualification proceedings. Disqualification can go on. I am saying I dont want to be an MLA. I don't want to defect. I want to go back to public and do whatever I want to do. It is my right to do what I want to do. Speaker is infringing that right of mine,' he told the SC on behalf of rebel MLAs.

    11:08 (IST)16 Jul 2019
    Karnataka political crisis LIVE: Hearing underway in SC on rebel MLAs plea

    The Supreme Court had on Friday restrained the Karnataka Assembly Speaker from taking any decision till July 16 on the resignation and disqualification of the rebel MLAs. The court had said an incidental question that would arise in the matter is the kind and extent of the directions that should be issued by a constitutional court to another constitutional functionary, which in the present case happens to be the Speaker of the Assembly.

    10:55 (IST)16 Jul 2019
    Haring commences in Supreme Court on rebel Karnataka MLAs plea

    The hearing on the rebel Karnataka MLAs plea against Speaker Ramesh Kumar has begun in the Supreme Court. The court is likely to examine constitutional issues in the resignation and disqualification of 16 rebel MLAs of Karnataka’s ruling Congress-JD(S) coalition. 

    10:47 (IST)16 Jul 2019
    Rebel Congress MLA Roshan Baig moves HC against his detention

    Meanwhile, suspended Congress MLA Roshan Baig's advocate has filed a petition in High Court questioning his detention on Monday night at Bengaluru airport. He was prevented from boarding a private flight to an undisclosed location. According to police, the MLA was detained in connection with IMA case.

    10:44 (IST)16 Jul 2019
    Karnataka Legislative Assembly adjourned till Thursday

    The karnataka Legislative Assembly was adjourned till Thursday. The Speaker announced that CM Kumaraswamy will a trust vote when the House meets on Thursday at 11 am and till them the House will remain adjourned.

    09:55 (IST)16 Jul 2019
    Karnataka political crisis LIVE: : Who stands where, check numbers

    In the 224-member House, the ruling coalition's total strength is 116 (Congress-78, JD(S)-37 and BSP-1), besides the Speaker. With the support of the two independents, the BJP has 107 MLAs in the House. The half-way mark in the legislative Assembly is 113. If the resignations of the 16 MLAs are accepted, the coalition's tally will be reduced to 100.

    09:38 (IST)16 Jul 2019
    Karnataka floor test: CM Kumaraswamy to seek trust vote on July 18

    Karnataka Chief Minister HD Kumaraswamy will seek a vote of confidence of the state Assembly on July 18. "I have directed the Chief Minister to hold the floor test in the Assembly on Thursday (July 18)," Speaker KR Ramesh Kumar told reporters on Mondya after a meeting of the Business Advisory Committee of the House. The meeting was attended by Kumarswamy, Congress Legislature Party leader Siddaramaiah and opposition BJP leader BS Yeddyurappa. The floor test will be held at 11 am on Thursday.

    09:30 (IST)16 Jul 2019
    Karnataka crisis LIVE: Rebel MLAs again write to Mumbai Police

    The rebel Karnataka MLAs staying at a Mumbai hotel have again written to Mumbai Police Chief, demanding security for themself and preventing Congress leaders from entering the premises of Hotel Renaissance in Powai. The MLAs are staying at the Mumbai hotel since July 6. There were reports that some senior Congress leaders and Karnataka Chief Minister HD Kumaraswamy may visit the hotel in a bid to pacify the MLAs.

    The resignations of 13 Congress and three Janata Dal (Secular) MLAs has plunged the HD Kumaraswamy government in Karanataka into a crisis. The 13-month-old coalition government faces the risk of losing majority in the Assembly which has 224 chairs. Two more independent MLAs have resigned from Kumaraswamy's government and pledged support to the BJP. The saffron party has 105 MLAs in the currently assembly and is the single largest party. With the support of the two independents, the party has support of 107 MLAs. Meanwhile, Karnataka Chief Minister Kumaraswamy will seek a vote of confidence of the state Assembly on July 18.