Bengaluru/New Delhi, Jul 16: The hearing on the rebel Congress MLAs' plea is currently undergoing in the Supreme Court . A bench headed by Chief Justice Ranjan Gogoi is hearing the case.
Senior advocate Mukul Rohtagi who appeared for rebel Congress MLAs said that the whip was issued by Congress and JD(S) after the resignation of 16MLAs. "Therefore the political parties cannot seek disqualification of the legislators if they violate the whip and don't attend the session on Thursday for trust vote," Rohtagi said. In another argument, Rohtagi said that the Karnataka Assembly speaker KR Ramesh Kumar cannot disqualify rebel MLAs under anti-defection law as they have voluntarily resigned even before the speaker started proceedings against them. Rohtagi also quoted article 190 of Representation of the People Act to point out that MLAs have every right to resign at any point of time when they feel their government is not doing enough and seek reelection.
The apex court will also take up the petition of the speaker Ramesh Kumar seeking a modification of the direction asking him to decide the issue of the resignation. The Supreme Court will hear plea of five more rebel Congress MLAs seeking a direction to the Karnataka Assembly Speaker to accept their resignation.
While, Karnataka Assembly Spreaker KR Ramesh Kumar on Monday announced that the JD(S)-Congress government would face the confidence motion on the floor of the house on Thursday, July 18, the Supreme Court would hear the pleas of 15 rebel Congress MLAs against the speaker on Tuesday.
The speaker agreed to the BJP's point of view and decided to adjourn the House till Thursday. The HD Kumaraswamy government plunged into crisis after 16 of the Congress and JD(S) MLAs resigned from the assembly.UNI