HDK moves SC against Guv setting deadlines

NEW DELHI: Chief Minister HD Kumaraswamy and Karnataka Pradesh Congress Committee president Dinesh Gundu Rao on Friday moved the Supreme Court saying that the Governor cannot dictate to the Assembly the manner in which the debate on the confidence motion has to be taken up. They also said a political party under the Tenth Schedule has a constitutional right to issue a whip to its legislators, and sought clarification from the court on its order passed earlier this week.

The CM questioned the deadlines set by Governor Vajubhai Vala one after another to complete the trust vote, and also sought clarification on the apex court’s July 17 order which said that the 15 rebel MLAs cannot be compelled to attend the proceedings of the House. It said Karnataka Assembly Speaker KR Ramesh Kumar has also opined that the trust vote will take place only at the end of the debate.”In these circumstances, the Governor cannot dictate to the House the manner in which the debate of the confidence motion has to be taken up,” the plea stated.

Kumaraswamy said he had written to the Governor on Friday informing him that the House was already considering the confidence motion and the debates were currently going on. He said the Governor had sent another communication that the trust vote should be held before 6 pm on Friday. 

The plea also contended that any interpretation of the July 17 order which whittles down the power of a political party to issue a whip to its legislators would be in the teeth of the provisions of the Tenth Schedule of the Constitution and the judgment of the constitution bench of the court.

“The exercise of this right under the Constitution is not circumscribed by any condition nor can it be subject to any restrictive orders even prior to the issuance of the whip,” the plea said.