Karnataka Speaker to take call on rebel MLAs, SC told

New Delhi: The Supreme Court on Thursday was told that the Karnataka Assembly Speaker Vishweshwar Hegde Kageri can hold a fresh hearing on the resignation coupled with plea for the disqualification of 17 unseated lawmakers of state Assembly, belonging to Congress and Janata Dal (Secular), if court so decides.

Noting that the order unseating 17 lawmakers of Congress and JD(S) was ex-parte and suffered from procedural disabilities as disqualified lawmakers were not given required time under the rules, solicitor general Tushar Mehta told the bench comprising Justice N.V. Ramana, Justice Sanjiv Khanna and Justice Krishna Murari that the current Speaker Vishweshwar Hegde Kageri can give them fresh hearing.

“Under the rules, a member whose disqualification is being sought would be given a minimum of 7 days time to reply to notice by the Speaker. In the case the lawakers were given just 3 days time, ”said SG Mehta, during the second day of the hearing of disqualified lawmakers from the state Assembly for the rest of its term.

The then Speaker of Karnataka Assembly had disqualified and unseated 17 lawmakers belonging to Congress and JD(S) after they had defied the whip to vote in the favour of motion of trust moved by the former chief minister H.D. Kumaraswamy.

The former chief minister had moved the trust motion after he lost majority support following rebellion by 17, now unseated, lawmakers.

Seeking the quashing of the former Speaker Ramesh Kumkar’s order, these disqualified lawmakers have assailed the Speaker Ramesh Kumar’s decision on the grounds that their resignation was prior to issuance of the whip and their defiance of the same.

Appearing for former CM Kumaraswamy, senior counsel Rajeev Dhavan assailed the argument by the unseated lawmakers that then Speaker should have accepted their resignations as they were both voluntary and genuine and were presented to the Speaker in person.

Describing the arguments by the disqualified lawmakers as attributing “mechanical exercise” of the power by the Speaker, Mr Dhavan said that Speaker Ramesh Kumar could not have been oblivious of the chain of events that were unfolding at that point of time with MLAs moving together and moving in a flock, staying in a hotel in Mumbai and speaking to media.

Posing the question whether the resignations were induced, Mr Dhavan said, “The genuineness of a resignation does not relate merely to the absence of forgery as has been argue but is a much wider term.”

Senior counsel Kapil Sibal appearing for Congress will argue today Friday in court.