K'taka Speaker cannot be forced to take a decision within a time frame: SC
The court said, 'Karnataka MLAs not compelled to participate in the trust vote tomorrow.'
New Delhi: The Supreme Court on Wednesday said that the Karnataka Speaker cannot be forced to take a decision within a time frame.
The court said, “Karnataka MLAs not compelled to participate in the trust vote tomorrow.” This means the government cannot use whips to force the dissident lawmakers to participate in the trust vote on Thursday.
"The discretion of the Speaker should not be fettered by any direction from the court. The Speaker can decide on the resignations as and when he feels appropriate," the top court said, but added that his decision should be submitted to the court.
The court said: "We have to maintain constitutional balance."
Karnataka BJP chief B S Yeddyurappa welcomed the court order and asserted that it was a "moral victory" for the rebel MLAs.
"When there is no majority, he (chief minister) will automatically resign tomorrow," he said. The BJP president also emphasised that the Speaker has been directed to take a decision at the earliest and submit his order to the Supreme Court.
"I welcome the Supreme Court decision. It is a victory of the Constitution and democracy. It is a moral victory for rebel MLAs. "It is only an interim order and in the future, the SC will decide the power of the speaker. It will set a new trend in the parliamentary democracy," Yeddyurappa said.
Karnataka Assembly Speaker K R Ramesh Kumar said he would conduct himself responsibly in accordance with the principles of the Constitution.
"With utmost humility I welcome and respect the Supreme Court decision," Kumar said soon after the apex court pronounced its order on the issue of resignations of the lawmakers that has pushed the state into political turmoil.
"The SC has put extra burden on me, I will conduct myself responsibly in accordance with constitutional principle," he told reporters.
On Tuesday, the rebels had argued in court that their resignations must be accepted by the Speaker, and they could not be "forced to attend the assembly".
16 legislators of the JD(S)-Congress coalition and two independent lawmakers have resigned over the past two weeks.