New Delhi: The Supreme Court asked the Karnataka Assembly Speaker on Friday to maintain status quo on the resignation and disqualification of 10 rebel Congress and JD(S) MLAs.
A bench headed by Chief Justice Ranjan Gogoi posted the matter pertaining to the Karnataka political crisis for further hearing on 16 July.
The bench, also comprising justices Deepak Gupta and Aniruddha Bose, specifically mentioned in the order that Karnataka Assembly Speaker K R Ramesh Kumar would neither decide the issue of resignation nor that of the disqualification of the rebel MLAs to enable the court to decide the larger issues raised during the hearing of the matter.
The bench noted in its order that the issue of maintainability of the rebel MLAs’ petition under Article 32 of the Constitution was raised by the Speaker and Karnataka Chief Minister H D Kumaraswamy.
Further, the bench noted that senior advocate Mukul Rohatgi, appearing for the rebel MLAs, had countered the Speaker’s submission that the disqualification plea of the ruling coalition in the southern state had to be decided before taking up the issue of resignation of the lawmakers.
The bench said taking all these aspects and the incomplete facts before it into consideration, there was a need for further hearing.
“In view of the weighty issue that have arisen, we are of the view that the matter be considered by us on Tuesday. We are of the view that the status quo as of today with regard to the prevailing situation be maintained. Neither the issue of resignation nor that of disqualification be decided till Tuesday,” the bench said.
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On challenging SC’s order
The apex court also asked whether the Speaker had the power to challenge its order. It was hearing a plea moved by Speaker K R Ramesh Kumar against its Thursday order asking him to take a decision on the resignation of 10 rebel MLAs on Thursday.
The MLAs told the bench on Friday that the Speaker had not taken any decision on their move to step down, adding that he had no immunity with regard to the acceptance of the resignations.
However, the counsel appearing for the Karnataka Assembly Speaker said he was constitutionally obligated to decide on a plea for disqualification of the rebel MLAs.
Also read: What an Indian law can do to MLAs defecting in Karnataka & Goa – nothing
It is possible for a lay person to come to a completely different conclusion than the direction in which the apex court appears to be moving. The separation of powers between legislature and the judiciary is being mangled. With great respect, the Court cannot substitute its wisdom and understanding of the law for exercise of powers that inherent in the post of Speaker.
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