Karnataka LIVE: Rebel MLAs Hunting in a Pack to Become Ministers, HDK Tells Supreme Court

Resignations can't be only about the intent but it has to be more about the motive, says Rajeev Dhavan. "If the motive is to bring the government down, the Speaker is bound under the Constitution to conduct an inquiry. The Speaker has to be satisfied about the voluntariness and genuineness of the resignations."

Rajeev Dhavan further says that resignation goes to the root of the democracy. "All the provisions under Article 190 and Tenth Schedule have to be read purposely." He adds that the Karnataka CM hasn't interfered with the Speaker's power.

Rajeev Dhavan further says like the chicken-egg conundrum, it doesn't matter whether the resignation came first or the disqualification. "The constitution doesn't say what has to be decided first."

Representing Karnataka Chief Minister HD Kumaraswamy, Rajeev Dhavan questions the Supreme Court's authority in the matter. "The court didn't have a jurisdiction then and it doesn't have a jurisdiction now," he says.

Representing Karnataka Chief Minister HD Kumaraswamy, Rajeev Dhavan questions the Supreme Court's authority in the matter. "The court didn't have a jurisdiction then and it doesn't have jurisdiction now," he says.

Karnataka CM Says Rebel MLAs Hunting in a Pack | Dr Rajeev Dhavan is now arguing for the Karnataka CM. "The only purpose of resignation is to become ministers. Speaker can't be unmindful of all what's happening. These MLAs are hunting in a pack. These aren't individual requests," he says.  

Evil of Defection Should be Curbed: Lawyer Abhishek Singhvi | In his concluding statement, Abhishek Singhvi highlights that the "evil" of defection should be curbed and says that "the court may set a time limit for deciding disqualification." 

Abhishek Singhvi tells the court that the rebel MLAs are distorting Supreme Court judgment's from last year. "There was no government, no speaker at that time and hence the direction to appoint the Protem speaker came through," he tells the court.

"What you have argued and what (Mukul) Rohatgi argued, you both have weighty points to consider. And we will do the balancing," the top court tells lawyer Abhishek Singhvi, who is representing the Karnataka Speaker in the matter.  

The Supreme Court bench has risen for lunch. The court will now resume at 2 pm for further arguments.

Lawyer Abhishek Singhi tells the Supreme Court bench, who is adjudicating on the case of the resignations of the rebel MLAs that all the disqualification petitions pre-date their resignation since the first time they properly handed over their resignation was July 11.

Speaker KR Ramesh Kumar says that the plan of the MLAs is to become Ministers right away. Meanwhile, ahead of the trust vote, Congress MLAs are being moved from Taj Hotel to Prakruthi Resort on the outskirts of Bengaluru.

Abhishek Singhvi is arguing how the Supreme Court should refrain from issuing any specific direction to the Speaker. The CJI retorts by saying, "To trap the limits of the jurisdiction of this court will be totally abhorrent to the constitutional scheme."

Meanwhile, in Bengaluru the Congress Legislative Party has just ended. In these visuals, Deputy Chief Minister G Parameshwara along with other Congress MLAs are seen leaving the hotel.

Bengaluru: Karnataka Deputy Chief Minister G Parameshwara along with Congress MLAs leaves from Taj Yeshwantpur. #Karnataka pic.twitter.com/BdKT6Do9eQ

— ANI (@ANI) July 16, 2019

The Speaker has sought time till tomorrow to take a decision on both the resignation and disqualification. 

CJI asks the Speaker why he can't decide on the resignation within 24 hours and then take a call on disqualification. "There is no inflexible rule to exercise our jurisdiction. This Court ordered a floor test within 24 hours, appointed a protem speaker..Where's the issue of jurisdiction."

Lawyer Abhishek Singhvi argues that the case is all about disqualification. "The very act of resignation can also lead to disqualification under the Tenth Schedule. This is a Tenth Schedule case."

The top court further criticises the speaker for not being able to take a decision on the resignation. "Speaker reminds us of our constitutional duty but he doesn't decide. He tells us he will take his own time."

SC Pulls up Karnataka Speaker | The top court also pulls up the Speaker saying, "What has he done since July 6 when the resignations were given. (The) Speaker didn't do anything until they (the rebel MLAs) came to this Court."

The Supreme Court, however, argues against Abhishek Singhvi, who is representing the Karnataka speaker, saying that there is no requirement that a member has to be physically present in order to resign. "They can send letters too."

Congress leader and lawyer Abhishek Singhvi appearing on behalf of Karnataka Speaker argues that disqualification has to be recognised since the resignations were physically presented later. "All cases of physical presentation before the Speaker are from as late as July 11 and not before that. And four out of these MLAs haven't physically presented themselves till date."

In his concluding statement, Mukul Rohatgi says that the speaker's actions aren't immune from judicial review in matters of resignations. "The only immunity is with respect to business inside the House." 

Rebel MLAs' Lawyer Argues for Timeframe for Speaker | The CJI questions Mukul Rohatgi what directions can be issued to the Speaker. "What's good for the goose is good for the gander," says Rohatgi, as he argues that the Supreme Court, in the Karnataka matter last year set a time table for the floor test and oath-taking etc. "Why can't this court now set a time frame for the Speaker?" 

Senior Advocate Mukul Rohatgi contests the Supreme Court's observations citing a previous case in the Kerala High Court wherein an MLA was allowed to resign even when his disqualification was pending since much before. 

The Supreme Court Chief Justice further says, "Question is if there is any constitutional obligation for him to decide resignation before disqualification or to club his decision on both". The political crisis in Karnataka has triggered a debate around a legislative loophole. Ministers can typically contest in the by-polls and get re-elected in the current House if they just resign. However, if they are disqualified, the lawmakers will be barred from contesting for a seat in the current assembly 

SC Says it Can't Fetter Speaker | CJI Ranjan Gogoi says that the top court can't decide if Speaker should decide on resignation or disqualification of MLAs first. "We cannot fetter him," he says.

It is absurd to ask for an inquiry or prolong it when MLAs have themselves appeared and handed over the resignations: Senior Advocate Mukul Rohatgi.

CJI Ranjan Gogoi asks Mukul Rohatgi what happens if you resign to which the latter replies that one can straight away become a minister and join another party. "You don't even need to join another party," the CJI says.

Mukul Rohatgi Argues Against Disqualifications | Senior Advocate Mukul Rohatgi says that the disqualification petitions were made on the same grounds. "Not saying disqualification petition can't be decided at all. My argument is resignations can't be subjected to disqualification proceedings"