Karnataka Speaker says Supreme Court cannot ask him to decide on resignations in ‘a particular manner’
Karnataka State Assembly Speaker K.R. Ramesh Kumar urged the Supreme Court to recall its order asking him to meet 10 Congress-Janata Dal (secular) MLAs at 6 pm. And debate on their resignation “forthwith or in the course of the remaining party of the day.” The speaker said the SC cannot question him, “No direction is contemplated against the Speaker to take a decision under Article 190 (vacation of the seat by a legislator) in a particular manner. The order would also impede the duties of the Speaker under the Tenth Schedule of the Constitution.”
The speaker also added “The issue of disqualification needs to be decided in accordance law which cannot be completed by today,” he said. The Chief Justice of India Ranjan Gogoi had issued the order without hearing the way of Speaker. Mr. Kumar, in his application, about the apex court order through the electronic media.
The Speaker said “The proviso to Article 190(1)(b) specifically contemplates inquiry for ascertaining whether the resignation is voluntary and genuine. It is only after such inquiry/process the satisfaction of the Speaker can be reached” he said.
The Speaker said to the apex court “Several of the resignations are not in accordance with Rule 202 of the Rules and Procedure of Conduct of Business in the Karnataka Legislative Assembly. It is thus respectfully submitted that the inquiry so contemplated cannot be completed today itself.” The application said that “Under Article 164(1)(B) and 361(B) of the Constitution, an MLA disqualified under the Tenth Schedule cannot be inducted as a minister or appointed on a remunerative post unless and until he/she is re-elected.”