Karnataka crisis: Cong moves Supreme Court to seek clarity on use of whip

Politics

Karnataka Congress chief Dinesh Gundu Rao filed a plea to be impleaded as a respondent in the case filed by the rebel MLAs in the Supreme Court.

TNM Staff

Soon after the Karnataka Assembly missed the deadline of 1.30 pm on Friday for the trust vote to be held, Karnataka Pradesh Congress Committee chief Dinesh Gundu Rao moved the Supreme Court, seeking clarity on the issue of court’s exemption of party whip applying to the rebel MLAs. He also applied to implead as a respondent in the case filed by rebel MLAs.  In his petition, he stated the SC’s interim order on Wednesday diluted the power of a political party to issue a whip and is contrary to the Tenth Schedule of the Constitution. The petition mentioned that as guaranteed under the 10th Schedule, a political party has a constitutional right to issue a whip to its legislators. “The exercise of this right under the Constitution is not circumscribed by any condition nor can it be subject to any restrictive orders from the Court even prior to the issuance of the whip,” the petition stated.   The petition also quoted the Kihoto Holohan judgement in 1992 where it was held that decision with regards to defections by the Speaker is final and cannot be subjected to judicial review. In its interim order on Wednesday, the Supreme Court allowed the 15 rebel MLAs of the ruling coalition in Karnataka to not participate in Thursday’s trust vote, even while giving the Speaker the freedom to decide on their resignations and disqualifications as and when he wanted.  Gundu Rao earlier termed the SC’s interim order on Wednesday as a "bad judgement".  “The Supreme Court verdict is now encroaching upon the rights of the legislature. This is a bad judgement which seems to protect the defectors and encourages horse-trading and also violating the doctrine of separation of powers,” he had said.  This comes as part of the apparent tactics by the ruling coalition in Karnataka to delay the trust vote, despite a direction by Governor Vajubhai Vala to conduct the same by Friday afternoon. The Congress moving the apex court was on expected lines. Speaking on the same issue in the Assembly on Thursday, Siddaramaiah, the leader of the Congress Legislature Party, said, “SC order has discussed my rights as CLP leader to issue whip but I was not a respondent to present my concerns. As the outcome of anti-defection law has its implications on the no-confidence motion, I would like to request to postpone the motion until we get clarification from SC.” "Anti-defection law has not been struck down by the Parliament or by any court of law," said Siddaramaiah, referring to the Tenth Schedule of the Constitution. Speaker KR Ramesh Kumar accepted Siddaramaiah’s contention. He also said that Siddaramaiah was at liberty to implead himself in the case.   Meanwhile, the Governor has set a new deadline of end of the day to finish the trust vote proceedings. TV reports have suggested that the Governor had also sent an interim order to the Union Home Ministry on the say’s proceedings, as per procedure. 

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What the Karnataka Governor can do as trust vote was not held within his time limit

Karnataka Politics

If the trust vote is not conducted, the Governor has the power to dismiss Kumaraswamy from his post as Karnataka Chief Minister, say Constitutional experts.

Sanyukta Dharmadhikari

Despite Karnataka Governor Vajubhai Vala writing to Chief Minister HD Kumaraswamy asking him to prove his majority in the House by 1.30 pm on Friday, the floor test was not conducted on time. So what action can the Governor now take, since both the Speaker and the Chief Minister do not seem inclined to hold a confidence vote on an urgent basis? “It is now up to the Governor to decide the further course of action. The Governor can decide that since a majority has not been obtained, it is presumed that the Chief Minister has lost majority support and can ask him to resign,” Subhash Kashyap, a constitutional expert, told TNM. “If the CM refuses to resign, the Ministry can be dismissed by the Governor and a new CM can be appointed – who will then be asked to prove his majority,” he added.  “The coalition does not have many legal options if they’ve lost majority support,” Subhash Kashyap said, “Whether they have lost support or not should be decided ideally on the floor of the House. But if the House is not allowed to prove its majority, then the coalition does not have an option and a fresh trust vote will be held,” he added. Alternatively, the Governor can also recommend President's Rule under Article 356 to the Centre. “What could happen is that the Governor can call for President’s rule in the state,” Former High Court Justice D Hariparanthaman told TNM. In the case of President’s rule, elections must be held in the state in the next two months, and whoever wins will have to hold a floor test to prove their majority.  Speaking in the Karnataka Assembly, Congress MLA Krishna Byre Gowda asked Speaker Ramesh Kumar to decide on Governor's message but to also consider the rights of legislators as well. He quoted a Supreme Court Constitutional Bench ruling from 2016, during a similar political crisis in Arunachal Pradesh, on the limitations on the rights of Governors.  In detailed arguments, Karnataka Minister Krishna Byre Gowda cited the limitations of the discretionary powers of the Governor as stated in the Nabam Rebia And Etc. Etc vs Deputy Speaker And Ors order. In the Arunachal Pradesh case, the Constitutional Bench had said, “All that need be said is that except in specified matters, executive functions of the Governor whether relating to governance issues or issues pertaining to the Legislature are required to be performed by him on the aid and advise of the Council of Ministers and the Rules framed by the House. No discretion is available to him in these matters since he is bound by the advice given to him by the Council of Ministers and Article 163 of the Constitution cannot be imported into these matters. The only discretion available to the Governor under Article 163 of the Constitution is in respect of matters provided for by or under the Constitution not relatable to the Council of Ministers and the Judiciary.” Krishna Byre Gowda levelled allegations against the BJP of causing a breakdown of constitutional institutions. “In your greed for power, you're causing the breakdown of the constitutional machinery,” he said. In the Assembly, Krishna Byre Gowda contested, “The Governor's action on a group is not under the tenth schedule. The question of adoption or rejection of resolution only the legislature can be taken. Only if the legislatures agree it can be passed. Governor cannot schedule it.” However, Subhash Kashyap stated that the Governor has a right under Article 175 of the Constitution to send a message to the House in regard to any matter, and Constitution categorically says that if such a message is sent the House has to consider it as soon as possible. Article 175 (2) (b) of the Constitution of India gives the Governor power to dissolve the Legislative Assembly.  Late on Thursday night, Karnataka Governor Vajubhai Vala had asked Chief Minister Kumaraswamy to prove his majority in the House by Friday 1.30 pm. In his letter, he said that Kumaraswamy was sworn in after receiving support from the Congress, and that several Congress MLAs intimated him that they tendered their resignations. “It is clear from the above that out of 117 members, which is the strength of the Coalition Government, if these members are to move away from the ruling coalition, the same casts a serious doubt on the confidence in the Government/Ministry led by you in the House.” He then asked the Chief Minister to prove his majority by 1.30 pm on Friday. (With inputs from Priyanka Thirumurthy)

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Live blog: Standoff continues as K'taka govt tries to delay trust vote

Politics

Around 100 Bharatiya Janata Party (BJP) legislators slept over in the Karnataka Assembly in protest on Thursday night.

TNM Staff

PTI photo

Drama in the Karnataka Assembly continued for a second day, hours after the Karnataka Governor asked Chief Minister HD Kumaraswamy to conduct a trust vote by 1.30 pm on Friday. Around 100 Bharatiya Janata Party (BJP) legislators slept over in the Karnataka Assembly in protest on Thursday night. The BJP is protesting the delay in taking the floor test by Kumaraswamy. On Thursday, the CM had moved for a confidence motiion to prove that his Congress-JD(S) coalition government has a majority in the state. The Governor's direction to the Chief Minister and the Speaker earlier on the trust vote was in response to a written representation to him by a delegation of BJP legislators that the House proceedings for a vote of confidence have been stalled and consequently adjourned without reaching any finality. The Governor's intervention came after Congress leader and former Karnataka Chief Minister Siddaramaiah told the house that he will approach the Supreme Court for clarity on whether he had the authority to issue whip to all MLAs including the rebels. Siddaramaiah also asked the Speaker not to hold the trust vote till the Supreme Court gave him an answer. The coalition government in Karnataka has not moved the Supreme Court as yet.  In the Assembly on Thursday, meanwhile, the ruling coalition delayed the trust vote after Chief Minister HD Kumaraswamy moved a trust motion. A delegation of the BJP had then met the Governor, urging him to hasten the process. Currently, the ruling coalition has 102 legislators in its kitty. The BJP has 107 MLAs on its side including 105 MLAs and the two independents. The Supreme Court’s verdict on Wednesday stated that the rebel MLAs in Karnataka cannot be forced to follow a whip and appear for the trust vote had stacked the numbers heavily against the ruling coalition. (Note: Please wait for a few moments for the live blog to load. If it doesn't, disable your Adblocker.)   

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Cauvery water supply to Bengaluru to be disrupted on July 21, 22: BWSSB issues notice

Water

Cauvery water supply for the entire city will be affected as pumping stations at TK Halli, Harohalli and Tatagani will not be functional due to refurbishing work.

TNM Staff

Image for representation

Water supply will be affected in Bengaluru due to refurbishing by the Bangalore Water Supply and Sewerage Board (BWSSB) on Sunday and Monday. Cauvery water supply for the entire city will be affected as pumping stations at TK Halli, Harohalli and Tatagani will not be functional. An official release from the BWSSB further stated that pumping stations at Torekadanahalli, Harohalli and Tataguni, where Cauvery water is treated before it is pumped to the city, will not be functional between 8 am and 2 am. “The work of replacement of 220KV metering CT & PT for refurbishment of surge protection system is proposed to be taken on 21.07.19 and 22.07.19. In view of this CWSS Stage 1,2,3,4, phase 1 & 2 pumping system at T.K.halli, Harohalli and Tataguni will not be functioning on 21.07.19 to 22.07.19 (08:00am- 2:00am), which may disrupt water supply on these two days in entire Bangalore City. Public are requested to cooperate with the Board,” reads a statement issued by the BWSSB. "The work will disrupt the Cauvery Water Supply Scheme (CWSS) across all stages and phases and thus affecting the entire city,” a BWSSB engineer told Deccan Herald. The Cauvery Stage IV, Phase II water supply project was implemented in 2007 and was wrapped up around 2013. It was put into effect in order to meet Bengaluru’s demands for fresh water supply. This is not the first time that such an instance has taken place. In December 2018, the BWSSB had issued a similar statement in view of leakage along a pipeline dug 7 meters below the ground. At the time, it issued a release announcing that water would not be available for 12 hours due to the leak in one of the major pipelines which brought water into the city. The shutdown lasted from midnight on December 3 to noon. According to reports, the affected areas were supplied water under stage IV phase II of the Cauvery Water Supply Project.  “The leak is a major one and was located nearly 400m from Netkal Balancing Reservoir, which brings water from TK Halli to the city,” BWSSB Chairman Tushar Girinath had stated to TNIE at the time.

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A different kind of ‘floor test’: Karnataka BJP MLAs spend the night in Assembly

Politics

The legislators opted to sleep on the floor in Assembly in order to ensure that the floor test would be conducted by Friday afternoon.

TNM Staff

The Karnataka political crisis took a rather peculiar turn on Thursday as about 100 BJP legislators decided to sleep in the Karnataka Assembly to protest against the delay in the floor test. This came after Chief Minister HD Kumaraswamy moved a trust motion on Thursday to prove that his Congress-JD-S coalition government has the majority. Legislators stayed overnight in the Assembly to ensure that the floor test is conducted on Friday by 1.30 pm as Governor Vajubhai Vala directed.    As many of them didn't have pillows and bedsheets, some rebels bought them from nearby shops to sleep on the floor on bedsheets and rest their heads on soft pillows for a sound sleep. The legislators decided to go back to the resort or their rooms in the adjacent Legislature Home on early Friday and return to the Assembly for the session from 11 am to resume the inconclusive debate on the motion. With the Governor writing to the Chief Minister to prove majority in the House by 1.30 p.m. on Friday, uncertainty continues to dog the legislators. Here’s a look at the legislators at their ‘slumber party.’              

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IMA scam: Founder Mansoor Khan, absconding since June, arrested in Delhi

Crime

He was taken into custody by the Enforcement Directorate in New Delhi.

Theja Ram

IMA Jewels Founder and Managing Director Mansoor Khan was arrested on Friday morning in Delhi by the Enforcement Directorate. SIT head and Joint Commissioner of Police (crime) BR Ravikante Gowda said, “We tracked Mansoor Khan in Dubai and arranged for his return to India. Our team members will take custody of him in Delhi.” "Once we tracked him down, our sources convinced him to surrender himself. He arrived at New Delhi at 1.55 am," Ravikante Gowda added. Mansoor has been accused of running a ‘halal’ ponzi scheme – where the money is rotated from new investors to older investors – in the name of I Monetary Advisory (IMA). He fled India around June 13, when the scam surfaced, and investigators believe he is in hiding in Dubai. He went absconding over a month ago. He has been accused of cheating 40,000 investors to the tune of Rs 2,000 crore. In a video he published on Monday, he had said that he was unwell and that he would be returning to India within 24 hours.  "I will be coming to India in 24 hours, on my will. I have full faith in the Indian judiciary," he had said. Till date, SIT has arrested 19 people, including IAS officer and former Bengaluru Urban Deputy Commissioner Vijay Shankar (IAS), Assistant Commissioner of the Revenue Department LC Nagaraj, BDA Executive Engineer Kumar, city corporator Syed Mujahid, one religious preacher and village accountant Manjunath. Others include the 12 directors of IMA.  

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Explainer: What is a trust vote, and how will it affect the government in Karnataka?

Karnataka Political Crisis

If Kumaraswamy wins the trust vote, he will continue to be CM. And if he loses, the floor is open for any party to stake claim to form the next government.

Soumya Chatterjee

The drama surrounding the Chief Minister's chair in Karnataka continues as an inevitable trust vote looms in the Karnataka Legislative Assembly. This especially after Governor Vajubhai Vala wrote to the CM asking him to prove his majority by 1:30 pm Friday. But what exactly is a trust vote, and what happens at the end of it? Here’s the lowdown.  A ‘trust vote’ or confidence motion has to be moved by an MLA or an MP, and the objective is to find out whether or not the Chief Minister has the ‘trust’ or ‘confidence’ of the House. In the case of Karnataka, the Legislative Assembly now has to vote on whether Kumaraswamy can continue as the Chief Minister.  If Kumaraswamy wins the trust vote, he will continue to be CM. In this case, there cannot be another trust vote for six more months. And if he loses, the ball goes to Governor Vajubhai Vala’s court. The Governor can invite the BJP which has the numerical advantage as of Thursday to form the government. He can also choose to declare President’s rule, and the state will go to elections in six months.  A trust vote can be registered in two ways, with no electronic voting system in place in the Vidhana Soudha. In a voice vote, the Speaker will ask those in favour the motion to say ‘Aye’, and those against the motion to say ‘No’. The Speaker then decides whether the ‘Ayes have it’ or the ‘Noes have it.’  A division of votes can be carried out in multiple ways. Since the Karnataka Assembly does not have an electronic voting system, a vote can be carried out with slips that have ‘Ayes’ and ‘Noes’ on them. However, this method is highly unlikely. The Speaker can also ask the MLAs to physically stand up for those in favour and against the motion and decide by a manual counting of heads. He can also employ the roll call method. The Assembly Secretary can do a roll call of members, block by block, recording each vote. The Secretary also records those MLAs who choose to remain neutral.  Numbers As things stand on Thursday, the number of BJP MLAs in the 224-member House is 105 and the Congress-JD(S) coalition has 99 MLAs including the Speaker. The number of MLAs who were absent in the House on Thursday were 20. These included the 15 rebel MLAs who went to the apex court plus two independent MLAs R Shankar and H Nagesh, BSP MLA Mahesh, Congress MLAs Nagendra B, and Shrimant Patil.  The 15 MLAs who approached the SC are Ramesh Jarkiholi (Gokak), Byrathi Basavaraj (KR Puram), ST Somashekhar (Yeshwanthpura), BC Patil (Hirekerur), Shivaram Hebbar (Yellapur), Prathapgouda Patil (Maski), Mahesh Kumathalli (Athani), K Gopalaiah (Mahalakshmi Layout), AH Vishwanath (Hunasuru). Narayana Gowda (Krishanarajapete),  Munirathna Naidu (RR Nagar), Roshan Baig (Shivajinagar), MTB Nagaraj (Hoskote), K Sudhakar (Chikkaballapura) and Anand Singh (Vijayanagara). Recent crisis The recent saga had started on July 6 when 10 rebel MLAs of the Congress-JD(S) coalition shifted to Mumbai in a chartered flight after sending their resignation letters to the Speaker. Five others followed suit and the matter had even gone to the Supreme Court, urging the Speaker to accept their resignations swiftly and effectively dislodge the current government. The Supreme Court in its interim order on Wednesday had given the rebel MLAs the liberty to stay out of the House’s possibilities on Thursday with the possibility of the trust vote taking place on this day itself. However, as things stand the trust vote may only happen as early as Monday.

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