Karnataka crisis: Speaker moves SC against order to take decision on 10 rebel MLAs resignation

Karnataka Assembly Speaker K R Ramesh Kumar Thursday moved the Supreme Court against its order asking him to take a decision on the resignation of 10 rebel Congress and JD(S) MLAs during the course of the day. The matter was mentioned before a bench headed by Chief Justice Ranjan Gogoi by senior advocate Abhishek Manu Singhvi who said that the Speaker's application is taken up for hearing along with the main matter on Friday.

The bench, which also comprised justices Deepak Gupta and Aniruddha Bose, told Singhvi that it has already passed the order in the morning and it was for the Speaker to decide his course of action. The bench told Singhvi that Kumar's application will be heard Friday.

Senior advocate Devdutt Kamath said in the application the Speaker has submitted that the rule permits him to decide the application seeking disqualification of the rebel MLAs. He said the order passed in the morning only indicated that the Speaker will take a decision forthwith in the course of the day on the resignation tendered by the 10 rebel MLAs.

The Speaker has sought vacation of the ex-parte order passed in the morning, asking him to take a decision on the resignation of the 10 MLAs during the course of the day i.e. July 11. He submitted that the order passed in the morning was based upon submissions made by the rebel MLAs without reference to several directly relevant articles of the Constitution, which oblige the Speaker to perform his constitutional duties under the Article 190 (1) (B) as well as the 10th schedule of the Constitution.

The Speaker submitted that the proviso to Article 190 (1) (B) specifically contemplates an inquiry for ascertaining whether the resignation is voluntary and genuine. "It is only after such inquiry/process that the satisfaction of the Speaker can be reached," he submitted.

The Speaker submitted that the 10th schedule casts a mandatory duty on him to decide applications for disqualifications under para 2 of the 10th schedule. He stated that the question which therefore requires to be decided by the Speaker is whether any disqualification has been incurred by the MLAs concerned prior to the submission of the resignation letter.

The Speaker submitted that the rebel MLAs who have approached the apex court have cast aspersions questioning his integrity which are completely false and frivolous. He asked the court to consider his plea for recalling the direction passed on Thursday morning, directing him to "take a decision forthwith and in any case in the course of the remaining part of the day."