Karnataka Vidhan Sabha Issue in Supreme Court

moderator
By moderator July 12, 2019 17:33

The Speaker of Karnataka Vidhan Sabha said he had to follow the procedure before deciding on the resignations submitted by the MLAs. Read this article to know more about Karnataka Vidhan Sabha.

Details

  • The SC had asked Karnataka Speaker to meet 10 rebel legislators and take a decision on their resignations.
  • He held a meeting with them but said that he had a responsibility to understand whether the resignations were genuine and voluntary, as prescribed in the Constitution, and said the process could not be rushed.
  • He cited Article 190 of the Constitution as the basis for his decision to follow the procedure to inquire whether the resignations were genuine and voluntary.
  • Saying that he was obligated to the state and the Constitution, he added that he could not specify a time frame for a final decision on the resignations.
  • He confirmed that all the 10 fresh resignation letters tendered by the rebel legislators were in accordance with Rule 202 of the Rules and Procedure of Conduct of Business in the Assembly. He, however, said he had not given dates for hearing to these legislators.
  • In his application to the Supreme Court, he said the Tenth Schedule or anti-defection law casts a mandatory duty on the Speaker to decide applications for disqualification.
  • Thus, the Speaker has to first enquire into whether the 10 MLAs concerned have incurred any reason for disqualification prior to the submission of their resignation letter on July 6.

Constitution Check

Article 190 (3) (b)

If a member of a House of the Legislature of a State resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be, his seat shall thereupon become vacant:

Provided that in the case of any resignation referred to in subclause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.

Also Read: Simultaneous Elections

National E-Vidhan Application (NEVA) Project

moderator
By moderator July 12, 2019 17:33