NEW DELHI (IANS) — Karnataka Chief Minister H.D. Kumaraswamy on Friday moved the Supreme Court seeking clarification on its July 17 order which permitted 15 rebel MLAs to opt-out of the House and said the Governor was interfering in the conduct of the trust vote.
Kumaraswamy contended that as a consequence of the apex court’s interfering with the 10th Schedule of the Constitution, the Governor was interfering in the conduct of the trust vote and dictating terms to the Assembly.
Claiming that the Governor was overreaching his power, the petition said: “The debates on the motion are currently ongoing and the House is in session. The Speaker has opined that the division 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.”
Kumaraswamy claimed that the Governor sent a communication directing that the confidence motion and the trust vote should be held before 1.30 p.m. on July 19.
“It is respectfully submitted that no such direction could have been issued by the Governor when the confidence motion has already been initiated,” said the petition.
The Jantha Dal-Secular presently has 37 MLAs in the Karnataka Assembly.
The JD-S chief contends that his party 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 time orders even prior to the issuance of the whip,” Kumaraswamy argued.
Karnataka is facing a political crisis after several Congress and JD-S MLAs resigned from the House or joined hands with the BJP in a bid to pull down the Congress-JD-S coalition government.