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Friday, July 26, 2019

Congress calls Yeddyurappa ‘jailbird’ again, as he’s set to become CM for 4th time

Politics
The BJP had approached the Karnataka High Court in the run-up to the 2018 Assembly elections over this issue.
With 76-year-old Lingayat strongman BS Yeddyurappa set to take oath for the fourth time as the chief minister of Karnataka on Friday, the Congress has again attacked him by calling him a “jailbird” and “corruption icon”. The Karnataka Pradesh Congress Committee (KPCC) tweeted, “Corruption Icon and Former Jail Bird Shri @BSYBJP has used his excellent Horse Trading skills to subvert democracy and come to power.People of Karnataka remember his disastrous tenure as CM between 2008-2011, which ended with BSY in Jail. History is all set to repeat again.” Corruption Icon and Former Jail Bird Shri @BSYBJP has used his excellent Horse Trading skills to subvert democracy and come to power. People of Karnataka remember his disastrous tenure as CM between 2008-2011, which ended with BSY in Jail. History is all set to repeat again. https://t.co/0M28Z49PQM — Karnataka Congress (@INCKarnataka) July 26, 2019 The tweet refers to Yeddyurappa’s prison stint in connection with a land notification case and his resignation as the CM in 2011, following his indictment in the illegal mining case by the Lokayukta. This is not the first time that Yeddyurappa has been called “jailbird” by the Congress, in fact, the BJP had approached the Karnataka High Court over the issue in the run-up to the 2018 Assembly elections.  In a subsequent tweet, the Congress called Thursday’s development as the butchery of democracy claiming it was “unconstitutional” for BS Yeddyurappa to stake claim without having a majority. They also questioned the role of the Governor. “Parliamentary democracy is being butchered in Karnataka. How can @BSYBJP stake claim to form govt when they don't have the numbers? How can the Governor who is the safe keeper of the constitution give his consent? Where is the Rule of LAW!@narendramodi @AmitShah!” read the other tweet. Similarly, Siddaramaiah tweeted, “.@BJP4Karnataka has the strength of 105 which is way less than the half way mark.In no way BJP can form the govt if constitution is followed. This only proves that BJP has no belief in the democratic values.”   .@BJP4Karnataka has the strength of 105 which is way less than the half way mark. In no way BJP can form the govt if constitution is followed. This only proves that BJP has no belief in the democratic values.@INCKarnataka — Siddaramaiah (@siddaramaiah) July 26, 2019 However, as things stand, the BJP has 105 MLAs of their own and is likely to get the support of independent MLA Nagesh. The Congress-JD(S) has been reduced to 99 MLAs with 15 of their MLAs rebelling against the party paving the way for the BJP in an extended period of political instability, which ended with Tuesday's floor test. With the quorum of the House reduced and the likelihood of rebels staying away from proceedings, the numbers seem to be enough for the BJP. Incidentally, on Thursday, Speaker KR Ramesh Kumar disqualified three MLAs – Congress MLAs Ramesh Jarkiholi and Mahesh Kumathalli and independent MLA R Shankar, till the end of the current Assembly’s term. 
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As deadline to pass Finance Bill nears, pressure on Yeddyurappa to prove majority

Politics
Speaker KR Ramesh Kumar said if the Finance Bill is not passed by July 31, the Assembly would have to be suspended or President’s rule may have to be imposed.
The Karnataka Legislative Assembly has to ideally pass the Finance Bill before July 31 in order to keep the state’s machinery running smoothly. With no government in place yet, Speaker KR Ramesh Kumar on Thursday said that the Assembly would have to be suspended if such a circumstance arises. With BJP State President BS Yeddyurappa set to take oath as the Chief Minister of Karnataka at 6 pm on Friday, the pressure is on the BJP to ensure that the Finance Bill is passed before the July 31 deadline. “The outgoing government had sought an extension of the Assembly session till July 31 and if the Finance Bill is not passed by then, the state will come to a standstill. It is the responsibility of all political parties in Karnataka to ensure that such a constitutional crisis is not created and the Finance Bill is passed. I will discharge my duty if they seek my cooperation to fulfil my obligation as per Constitutional norms. Suspension of Assembly or introduction of President's rule will be done if the bill is not passed by July 31,” Speaker Ramesh Kumar said. The vote on accounts was passed by both Houses of Karnataka in February 2019 and will cease on July 31. If the finance bill is not passed, no money can be drawn by the public exchequer and even government employees cannot be paid their salaries. “Once Yeddyurappa is sworn in as the Chief Minister, the obligation will be on the BJP and the opposition parties to pass the Finance Bill in the Legislative Assembly. Yeddyurappa can prove majority later but the bill has to be passed before July 31,” says constitution expert Subhash Kashyap, while maintaining that although the BJP can prove majority by passing the Finance Bill, Yeddyurappa will have to prove majority within a week of swearing-in as Governor Vajubhai Vala has given him a deadline to do so. “Both Houses of the Assembly need not pass the bill. For now, if the Legislative Assembly passes it, it's enough. The Legislative Council may ask for clarifications and if not, it can pass the bill too,” he added. Speaking to TNM, a BJP source said that the leaders of the Legislature Party had decided to pass the Finance Bill before July 31 itself. “First, we will appoint our own Speaker and then pass the Finance Bill, which we will do,” the BJP source said. The political crisis erupted in Karnataka after 16 MLAs rebelled against the Congress-JD(S) coalition and 10 of them flew to a hotel in Mumbai, where they have been lodged since July 6. Independent MLA H Nagesh, KPJP MLA R Shankar and BSP MLA N Mahesh also withdrew support. The coalition lost the motion of confidence held on Tuesday as it secured only 99 votes. The BJP secured 105 votes.  The monsoon session of the Assembly began on July 12. However, the Finance Bill was not passed as the legislators were held up in discussions on the horsetrading allegedly perpetrated by the BJP to topple the coalition government before the vote of confidence was held. 
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BS Yeddyurappa to be sworn in as Karnataka CM, gets Governor's nod

Politics
He is likely to take oath at 6 pm today.
Days into Karnataka’s political drama, in yet another development, Governor Vajubhai Vala has given a nod to BJP’s BS Yeddyurappa to take oath as the Karnataka Chief Minister.    On Friday morning, BS Yeddyurappa met the Governor to stake claim to form the government as the BJP had become the single largest party in the assembly. He had told reporters, “I will meet Governor now and stake claim to form government. I will request Governor to hold the oath taking ceremony today itself.”   He is likely to take oath at 6 pm on Friday.   In a letter to the governor, Yeddyurappa had said, "I intend to state that afte the present government headed by Shri HD Kumaraswamy has lost the vote of confidence in the legislative assembly and consequently, he resigned to the post of chief minister. [...] I submit that I am the leader of BJP Legislature Party and also the Leader of Opposition in the Assembly. At present, the strength of the BJP MLAs is 105 and the single largest party in the Assembly. Therefore I request Your Excellency, I may be invited to form alternate government today itself and I will take oath as Chief Minister of Karnataka at Raj Bhavan between 6 pm and 6.15 pm."    This comes a day after Karnataka Speaker KR Ramesh Kumar disqualified three MLAs –  Congress MLAs Ramesh Jarkiholi and Mahesh Kumathalli and independent MLA R Shankar, till the end of the current Assembly’s term. The Speaker announced that the decision on disqualification petitions of 14 other rebel MLAs of the JD(S) and Congress parties will be declared in the coming days.   The Karnataka political crisis had been going on after 15 of its MLAs tendered their resignations.    What followed was days of delay in the Karnataka Legislative Assembly where the Congress-JD(S) coalition which was previously in power in the state tried to delay the trust vote. The trust vote, which finally happened on Tuesday, saw the Congress-JD(S) government lose by 7 votes as there were 98 votes for the government and 105 against.
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Karnataka DG Fire Services moves SC seeking removal of DG & IGP Neelamani Raju

Court
In June this year, MN Reddi had moved the Karnataka High Court and filed a similar petition, seeking the removal of Neelamani Raju from her post.
The Director General of Police and Commandant General of Home Guards and Civil Defence, Fire and Emergency Services, MN Reddi has now approached the Supreme Court challenging the appointment of current Director General and Inspector General of Police of Karnataka, Neelamani N Raju. In his petition to the Supreme Court, MN Reddi has requested the court to stay the government notification dated October 31, 2017, which appointed Neelamani Raju as DGP and IG of Karnataka. Reddi has requested the Apex Court to declare her appointment to the post as ad hoc, TNIE reported. The report states that Reddi requested the court to grant an interim ex parte direction to the Karnataka government to prepare a roster of eligible officers for the post and send the same to the Union Public Service Commission (UPSC).  He has also requested the court to consider his case and appoint him as DGP and IGP of Karnataka during the time the Special Leave Petition is being heard. Reddi has accused the former Siddaramaiah government of not adhering to the Supreme Court guidelines while appointing Neelamani Raju as the head of the police force in the state in November 2017. He has accused the former government of not sending a list of eligible officers to the UPSC before the decision was made. According to The Hindu, in June this year, MN Reddi had moved the Karnataka High Court and filed a similar petition, seeking the removal of Neelamani Raju from her post. Reddi had stated that the Supreme Court in March 2019 clarified that IPS officers considered for the top post must have a minimum six months of service left. He stated that he would not be in the zone of consideration if a fresh appointment is not made at the earliest. On June 24, the High Court division bench comprising Justice L Narayana Swamy and Justice R Devadas directed the matter to the Central Administrative Tribunal (CAT). The CAT had rejected Reddi’s application on the matter last week. DGP and IG Neelamani Raju is a 1983 batch IPS officer and MN Reddi is second in line for the post of DGP and IG as he is from the 1984 batch.    
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BJP awaits Speaker's verdict on 14 Karnataka rebel MLAs before staking claim to form govt

Politics
BJP leaders, including former CM BS Yeddyurappa and Jagadish Shettar, flew to New Delhi on Thursday to meet the high command and discuss the scenario.
Despite the fall of the Congress-JD(S) government in Karnataka, the BJP is yet to stake claim to form the government and is treading carefully. According to senior BJP sources, the party is not in a hurry to stake the claim to form the government. BJP leaders including former CM BS Yeddyurappa and Jagadish Shettar flew to New Delhi on Thursday to meet the high command and discuss the scenario.  BJP insiders say that the national leaders have advised them to watch out for the Speaker's decision of the resignations of the 14 MLAs in Mumbai and then take a call on whether to form a government or introduce President's rule.  Speaker KR Ramesh Kumar on Thursday evening disqualified MLAas Ramesh Jarkiholi (Gokak), Mahesh Kumatahalli (Athani) and R Shankar (Ranebennur).  Meanwhile, the Finance Appropriation Bill, which was introduced by Chief Minister HD Kumaraswamy on July 12, needs to be passed by both the Legislative Assembly and Legislative Council before July 31.  "If the finance bill is not passed before July 31, then the Assembly will have to be suspended as a constitutional crisis will be created. I urge all political parties to ensure that such a situation does not arise. In case this happens, then President's rule is imminent," Speaker KR Ramesh Kumar said.  BJP sources say that the state leaders discussed the possibility of President's rule and also regarding the party cadre unwilling to allow the rebels to contest on a BJP ticket in case the situation arises.  "It is not practically possible to allow all rebels from Bengaluru to become ministers. Naturally they will demand tickets to contest from their current segments. In case they win, they will have to be given Ministerial berths. Initially, the party had expected the Speaker to accept the resignations. In that case, the we had decided to give them Minister berths for six months and then when bye-elections arrived, they would probably not be given tickets," the BJP source added. The 14-month-old Congress-JD-S government lost the trust vote by 105-99 in the House on Tuesday after three weeks of intense power struggle in the state. Several senior BJP leaders from Karnataka met party chief Amit Shah and working president J.P. Nadda at the party headquarters, here on Thursday, to discuss the political situation in the state. They included Jagadish Shettar, Basavraj Bommai and Arvind Limbavali, sources said.  
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Thursday, July 25, 2019

Karnataka Speaker disqualifies three rebel MLAs till the end of the assembly term

Politics
The Speaker insisted that the MLAs will not be eligible to contest elections until the current Assembly's term expires in 2023
Karnataka Speaker KR Ramesh Kumar on Thursday announced that rebel Congress MLAs Ramesh Jarkiholi and Mahesh Kumathalli have been disqualified till the end of the current Assembly’s term. The Speaker also said that R Shankar, who earned the moniker of Pendulum for switching his allegiances frequently, has been disqualified till the end of the assembly's term. The Speaker announced that the decision on disqualification petitions of 14 other rebel MLAs of the JD(S) and Congress parties will be declared in the coming days. The Speaker made his decision based on a disqualification petition filed by the Congress in February 2019 against Jarkiholi and Mahesh Kumathalli. The Congress had asked for their disqualification for anti-party activities. The petition against these two MLAs was re-issued when they tendered their resignations in July. The Speaker said that he was disqualifying the two MLAs and R Shankar on the basis of Section 2 (1) (a) of the Tenth Schedule. The Speaker has considered the act of resignation as the MLA voluntarily giving up his membership from the political party.. The Speaker insisted that the MLAs will not be eligible to contest elections until the current Assembly's term expires in 2023. Hence, their prospect of becoming ministers in the possible eventuality of the BJP forming the next government is out of contention. However, the three MLAs have the option of approaching the court against the Speaker's decision. "Until the Assembly is dissolved and fresh elections are held to elect the 16th Legislative Assembly, these MLAs will not be able to enter the Assembly until the term of the 15th Assembly is over. They can appeal the order in the Supreme Court if they want," Ramesh Kumar further told reporters. The Speaker also said that no one should misinterpret Article 164 and that these three MLAs cannot re-contest elections till this Assembly ends. Article 164 (1B) of the Constitution says that a member who has been disqualified cannot be made a minister till the expiry of his or her term, or until he or she is reelected. Is R Shankar a Congress MLA? R Shankar who won from Ranebennur constituency contesting as a candidate of the Karnataka Pragnyavantha Janatha Paksha (KPJP), had declared in June that he was merging his party with the Congress. However, there was ambiguity over whether the merger was completed as KPJP had not completed the necessary paper work. The Speaker, however, says that the formalities were completed in the last week of June. He told the media, "On June 14, 2019, R Shankar and Congress Legislature Party leader Siddaramaiah both submitted letters. Shankar had stated that since he was the only KPJP member in the Assembly, he can merge with the Congress. He submitted a letter to this effect and had requested me to take the next course of action. Siddaramaiah had also said that all formalities were completed and that Shankar was inducted into the Congress party as an associate member. On June 25, 2019, I wrote a letter to the Secretary of the Speaker's office saying Shankar is now a member of the Congress party and to allot a seat with the Congress leaders in the Assembly." Therefore, the Speaker has used Section 2 (1) (a) of the Tenth Schedule to disqualify Shankar. Took time to decide Delivering his verdict on the resignations of just three MLAs, the Speaker said that he wanted to be careful as the country was watching him. “Several MLAs have tendered their resignations and the Congress Legislature Party leaders have appealed for their disqualification. These MLAs who resigned also appealed to the Supreme Court. I have considered the arguments of all parties and also the Supreme Court's interim order and in order to ensure that things are not done in a hurry,” he told reporters.  “I took time to consider the issue. The issue of resignations and disqualification of the MLAs was heard in the Speaker's court, which is a quasi-judicial authority,” he added.  Explaining his decision on Ramesh and Mahesh, he said, “Ramesh Jarkiholi and Mahesh Kumatahalli submitting their resignations when I was not in office and lied to the Supreme Court that I absconded from the office. And they expect me to accept that their resignations are voluntary and genuine. And when I called them for a hearing, they did not show up. I therefore hold that Ramesh Jarkiholi and Mahesh Kumatahalli have incurred disqualification for being a member of the Legislative Assembly as per 2 1 (a) of Schedule 10 of the Constitution.” BJP will not stake claim? Though BS Yeddyurappa was all set to stake claim to form a new government, the BJP high command was skeptical and wanted him to wait till there was more clarity on the Speaker's decision. The developments on Thursday may further prompt the BJP to wait and watch and consider the possibility of President’s rule till the time bye-elections are completed in these seats.      
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Large B'luru apartments without sewage treatment should face criminal charges: NGT panel

Environment
s the rejuvenation works for Bellandur-Varthur lakes continue, the state government has finally transferred the Rs 500 crore fine as directed by the NGT.
The National Green Tribunal-appointed committee monitoring the rejuvenation of Bellandur and Varthur lakes has asked for filing of criminal cases against large apartments which do not have sewage treatment plants (STPs) and dump their sewage into the lakes. The Bangalore Water Supply and Sewerage Board (BWSSB) has also been asked to stop the supply of water in these apartments. As the rejuvenation works for Bellandur-Varthur lakes continue, the state government has finally transferred the Rs 500 crore fine amount as directed by the NGT in its order. These developments came to light as the committee, which is monitoring the lake rejuvenation process, apprised the local residents. The two lakes, once full of life, were reduced to cesspools of sewage and sludge due to the increased flow of untreated sewage. While not much was done by the authorities despite much noise from civil society, it was the NGT which took suo motu cognisance of the matter in 2016 and indicted the state and local authorities like BBMP (Bruhat Bengaluru Mahanagara Palike), BWSSB and the KSPCB (Karnataka State Pollution Control Board).  The committee headed by former Lokayukta and Supreme Court Judge Justice (retired) Santosh Hegde and including veteran scientist and member of the committee TV Ramachandra, is overseeing the process after the green court found the state government was not fulfilling its promises.  The Bellandur lake as planned is currently being de-watered and temporary sewage diversion channels are being created. Desilting process will start once the lake is free of water as directed by the same committee. For the desilting process, the BBMP has also identified quarry and pits for the dumping of silt from the lake. The NGT has also directed that no concretisation of stormwater drains should take place and has asked for a report on encroachments of stormwater drains from Agara-Bellandur-Varthur. The committee also observed that BBMP has to take responsibility and do fumigation to control mosquito menace due to the drying of the lake bed. If all goes well, the committee has promised that the two lakes will be restored in 18-24 months and will be a model of lake restoration for the entire country.
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