The order came after arguments were made by senior advocates on behalf of the rebel MLAs, Speaker KR Ramesh Kumar, and Chief Minister HD Kumaraswamy.
The Supreme Court on Friday maintained the status quo on the case pertaining to the resignation and disqualification of 10 members of the Karnataka Legislative Assembly. The matter will be heard in detail in the next hearing on Tuesday. This effectively gives the ruling coalition in the state a much-needed breather in light of the recent crisis. A bench headed by Chief Justice of India Ranjan Gogoi contended that during arguments various issues of interpretation of constitutional provisions were raised. The bench said that the matter needed deep consideration as it was also related to the court's powers while issuing directions to the Speaker. ”Question of judicial interfere also comes up. It also needs to be examined if Speaker needs to decide disqualification first," the court said. The order came after arguments were made by senior advocates on behalf of the rebel MLAs, Speaker KR Ramesh Kumar, and Chief Minister HD Kumaraswamy. The rebel MLAs were represented by former Attorney General of India Mukul Rohatgi, the Speaker by Abhishek Manu Singhvi and the Chief Minister by Rajeev Dhawan. While Mukul Rohatgi urged the court to issue a contempt notice to the Speaker for questioning the SC's orders, the other advocates on behalf of the CM and Speaker questioned on what basis were the 10 MLAs allowed an emergency hearing on grounds of Article 32. Article 32 guarantees judicial remedy to protect fundamental rights. Other contentious issues which were raised where if Constitutional court can issue direction to Speaker to decide on resignations. Dhawan pointed out in one such case the Punjab and Haryana HC had given four months time to the Speaker to decide on the case. He also suggested that the petition by rebel MLAs were "overtly political". This comes after the Speaker on Thursday evening sought time citing his duties and constitutional obligations to decide on the resignation of the 10 rebel MLAs who had approached the Supreme Court. The rebel MLAs had approached the SC alleging the Speaker of deliberately delaying their resignations and acting in a biased manner. The Speaker’s decision to withhold came even when he was directed by the top court to take a decision on the resignations and inform the top court of his order on Friday. The Speaker claimed he needed more time as he had been approached by the Congress seeking disqualification of four Congress MLAs. Meanwhile, Youth Congress Secretary Anil Chacko Joseph in Karnataka and workers of the party approached the court pleading to intervene in the ongoing case claiming that the resignation of these 10 rebel MLAs was to be treated as defections. The CJI has allowed them to file an intervention application.
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