ive dissident Karnataka MLAs on Monday made an urgent mention in the Supreme Court against the Assembly Speaker's unwillingness to let them resign from the House. They said they are being threatened into supporting the H.D. Kumaraswamy-led government in a proposed floor test.
Chief Justice of India Ranjan Gogoi, during the mentioning, said the court would hear the five legislators - Anand Singh, Dr. K. Sudhakar, N. Nagaraju, Munirathna and Roshan Baig - on July 16.
Their application would now be tagged along with a writ petition filed by 10 other “disenchanted” Congress-Janata Dal (Secular) MLAs, who too had expressed their distress at the Speaker's delay in taking a call on their resignations.
In the last hearing, the apex court found several “weighty” issues involved in the case of the 10 MLAs. It had asked the Speaker to hold his hand on a decision about the resignation or disqualification of these MLAs under the anti-defection law.
The MLAs said, despite having submitted their resignations, they were being “threatened to support the government on the threat of disqualification” in a floor test announced by the Chief Minister on the floor of the House on July 12.
The 24-page application said Mr. Singh resigned on July 1, Mr. Munirathna on July 6 and the other three on July 10.
“The MLAs wish to resign acting in accordance with their conscience. The right to resign from their office is their fundamental right to a citizen as well as a public representative... The Speaker is acting in violtion of their fundamental right,” the MLAs said.
The legislators, represented by advocate Subhranshu Padhi, said there was no need for a probe by the Speaker into whether their resignations were “voluntary or genuine,” as they had submitted their letters in person. Besides, they had filed separate sworn affidavits in the court, saying their signatures on the resignation letters, which they tendered in person, were their own and genuine. The affidavits have been filed to obviate any doubts of the voluntary nature of their resignations.
They said this would answer the conditions mandated under Article 190 of the Constitution and under Rule 202 of the Rules of Procedure and Conduct of Business of the Karnataka Legislative Assembly. The writ petition filed by the rebel MLAs should be allowed on this ground alone.
‘No disqualification proceedings against us’
The MLAs said there was no disqualification proceedings against them at the time of their resignation. Subsequent disqualification proceedings on the basis of a complaint by the Congress party was infructuous.
“The subsequent disqualification petition is absolutely without any grounds. This was filed by the Congress party on the ground that the MLAs have not attended the Legislature Party meeting held outside the House. The non-attendance of the meeting outside of the House is not a ground for disqualification,” the MLAs argued.
Seeking impleadment, the MLAs said the court should implement its order of July 11 asking the Speaker to decide on their resignations forthwith or within the remaining part of the day. They said they were manhandled and confined by certain persons within the premises of the House when they sought to submit their resignations on July 10. Police personnel had to escort them to safety.
The court had asked the Speaker to defer any decision on disqualification or resignation of the 10 MLAs for now. It is scheduled to hear the petition of these MLAs on July 16.
