Karnataka crisis No decision on rebel MLAs till July 16 SC tells

first_imgKarnataka crisis: No decision on rebel MLAs till July 16, SC tells SpeakerCJI Ranjan Gogoi on Friday directed the speaker to maintain the status quo until the court has had time to examine all facts in the case.advertisement Next India Today Web Desk New DelhiJuly 12, 2019UPDATED: July 12, 2019 13:50 IST SC directs Speaker to maintain status quo on rebel MLAs resignation and disqualification till TuesdayHIGHLIGHTSSC directs Speaker to maintain status quo on rebel MLAs resignation and disqualification till TuesdaySpeaker had argued that court cannot direct him to make a decision in the matterRebel MLAs’ lawyer contested the argument and request contempt of court charges against SpeakerSupreme Court on Friday asked Karnataka Assembly Speaker Ramesh Kumar not to take any decision on the resignation or disqualification of 10 rebel MLAs, who had moved the top court.After listening to the arguments presented by the legal counsellors of 10 MLAs, Speaker and CM HD Kumaraswamy, Chief Justice Ranjan Gogoi directed the speaker to maintain the status quo until the court has had time to examine all facts in the case.”The argument has been made that in a situation, where resignation and disqualification proceedings are pending, the speaker is obliged to decide disqualification first. Having regard to the weighty issues and incomplete state of facts, we are of the view that matter be heard in detail. Status quo be maintained,” the CJI said.CJI Ranjan Gogoi also acknowledged the fact that the “incidental question has arisen regarding kind of directions that can be issued by a constitutional court to a constitutional functionary.”The court had, on Thursday, directed the speaker to accord and audience to the rebel MLAs by evening and submit his decision by midnight. Speaker Ramesh Kumar had filed a counter plea requesting the court to vacate its order on the basis that court cannot direct a constitutional functionary to take decision on the matter.Rebel MLAs’ lawyer Mukul Rohatgi had objected to Speaker’s argument during Friday’s hearing and had requested contempt of court charges against him.Arguments in Supreme CourtSC order on MLAs’ resignations passed without issuing notice to speaker, alleges CMDuring the hearing, senior advocvate Rajeev Dhavan, appearing for Kumaraswamy, alleged in the top court’s order on the resignations of the rebel Congress-JD(S) MLAs was passed without issuing a notice to the state Assembly speaker.Dhavan said that the pleas of the MLAs should not have been entertained. He further said the MLAs, in their plea, had levelled corruption allegations against the state government and still the order concerned was passed without hearing him.The senior advocate said the speaker had the responsibility to satisfy himself as regards whether the resignations were voluntary.Dhavan also said when the apex court order was passed without hearing the other side, what could the speaker do in such a situation.Speaker not served with copy of petition, says Abhishek Manu SinghviSenior advocate Abhishek Manu Singhvi, appearing for Karnataka Assembly Speaker KR Ramesh Kumar, told the bench that his client was not served the copy of the petition and the plea was controverted by the rebel legislators.He also said disqualification proceedings had been filed against eight of the rebel MLAs.”The speaker is duty-bound and empowered to decide on disqualification of MLAs first,” Singhvi told the bench.Can Supreme Court direct Speaker? At the outset, the bench had asked Abhishek Manu Singhvi whether the speaker had the power to challenge its order, while hearing a plea moved by Ramesh Kumar against the top court order asking him to take a decision on the resignations of 10 rebel MLAs on Thursday.Senior advocate Mukul Rohatgi, appearing for the MLAs, said the speaker could be given one or two days to decide on the resignations and if he did not take a decision on the matter within that time-frame, a contempt notice could be issued against him.Mukul Rohatgi said the speaker had questioned the move of the rebel MLAs to approach the apex court and asked them to “go to hell” in front of the media.”The idea behind keeping the resignation issue alive and pending is to bind the MLAs to the party whip,” he submitted.The lawmakers also told the bench that the speaker had not taken any decision on their resignations, adding that he had no immunity with regard to the acceptance of the papers.However, Singhvi said the speaker was constitutionally obligated to decide on a plea for disqualification of the rebel MLAs.”The speaker is a very senior member of the Assembly. He knows constitutional law. He cannot be maligned, lampooned like this,” he told the bench.Follow | Latest updates on Karnataka Political CrisisRead | Karnataka political crisis: Month-by-month account of Congress-JDS troubleFor the latest World Cup news, live scores and fixtures for World Cup 2019, log on to indiatoday.in/sports. Like us on Facebook or follow us on Twitter for World Cup news, scores and updates.Get real-time alerts and all the news on your phone with the all-new India Today app. Download from Post your comment Do You Like This Story? Awesome! Now share the story Too bad. Tell us what you didn’t like in the comments Posted byArshi Aggarwallast_img

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