The Governor cannot dictate to the House the manner in which the debate of the confidence motion has to be taken up,” Kumaraswamy’s plea said.
New Delhi| Karnataka Chief Minister H D Kumaraswamy moved the Supreme Court Friday saying that Governor Vajubhai Vala cannot dictate to the Assembly the manner in which the debate on the confidence motion has to be taken up.
The Chief Minister questioned the deadlines set by the Governor one after another to complete the trust vote, and also sought clarification on the apex court’s July 17 order which said that the 15 rebel MLAs cannot be compelled to attend the proceedings of the House.
Kumaraswamy said in his plea that the Governor sent a communication Thursday directing that the confidence motion and the trust vote should be held before 1:30 pm on Friday.
“It is respectfully submitted that no such direction could have been issued by the Governor when the confidence motion has already been initiated. The debates on the motion are currently ongoing and the House is in seisin of the confidence motion,” the plea said.
It said Karnataka Assembly Speaker K R Ramesh Kumar has also opined that the trust vote will take place only at the end of the debate.
“In these circumstances, the Governor cannot dictate to the House the manner in which the debate of the confidence motion has to be taken up,” the plea said.
Kumaraswamy said he had written to the Governor on Friday informing him that the House was already considering the confidence motion and the debates are currently going on.
He said the Governor has sent another communication that the trust vote should be held before 6 pm on Friday.
“The directions of the Governor are completely contrary to the well-settled law laid down by this Court in relation to the Governor’s powers. The directions of the Governor are ex-facie in contravention of the judgment of this Court,” the plea said.
It contended that any interpretation of the July 17 order which “whittles down” the power of a political party to issue a whip to its legislators would be in the teeth of the provisions of the Tenth Schedule of the Constitution and the judgment of the constitution bench of the court.
Kumaraswamy said a political party under the Tenth Schedule 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 qua timet orders even prior to the issuance of the whip. More importantly, any enquiry for the purposes of the Tenth Schedule is a proceeding of the Legislature of the State within the meaning of Article 212 of the Constitution,” the plea said.
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