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The trust vote to decide the fate of the wobbly 14-month old JD(S)-Congress coalition government in Karnataka did not take place on 18 July as the Assembly was adjourned till Friday, amid acrimonious exchanges that culminated in opposition BJP members starting an overnight 'dharna' inside the House.
BJP leaders had also sought Governor Vajubhai Vala's intervention over the delay in the floor test. The Congress, meanwhile, called it an 'interference' by the governor.
This was after Congress pressed for deferring the confidence motion, moved by Chief Minister HD Kumaraswamy, till the Assembly Speaker decides on the issue of the party's whip.
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Leaders of the crisis-hit ruling Congress-JD(S) coalition in Karnataka were locked in hectic parleys on Sunday, 14 July, to discuss the future course of action to save the government that is on the brink of collapse.
However, the embattled leaders continued with efforts to woo back some legislators who have resigned, especially seven time Congress MLA Ramalinga Reddy, ahead of Chief Minister HD Kumaraswamy’s trust vote expected this week.
This, even as rebel legislators, who are camped in Mumbai, made it clear that they were united and "firm" on their resignations.
Meanwhile, opposition BJP reiterated that the coalition has lost majority and demanded that Chief Minister H D Kumaraswamy resign immediately or seek a trust vote on Monday itself.
The Congress on Sunday intensified efforts to persuade another rebel MLA Ramalinga Reddy to withdraw his resignation from the Karnataka Assembly, in a desperate bid to save the Congress-JD(S) government that is teetering in the wake of resignation of its legislators. Congress state working president Eshwar Khandre and senior leader HK Patil had a meeting with BTM Layout MLA Ramalinga Reddy at his residence for about two hours.
The meeting with Reddy came on a day rebel Congress MLA MTB Nagaraj headed to Mumbai after talks on Saturday to mollify him appeared to have failed. However, a state Congress leader expressed confidence that he has gone to bring back another disgruntled lawmaker.
The rebel MLAs from Karnataka Congress and JD(S) wrote to the Mumbai Police, seeking additional security, as senior leaders from the party are expected to visit them today.
The BJP leaders have reportedly cancelled the scheduled meeting with the MLAs. They will now directly meet at the Vidhana Soudha before the Assembly session starts at 12:30 pm.
Former Karnataka CM and BJP state president BS Yeddyurappa on Monday, 15 July, told reporters that “All the MLAs will meet in my chambers and come to a decision. I have faith in the Speaker and know that he will act as per the law.”
Our future course of action will be decided at the meeting, Yeddyurappa reportedly said.
The Supreme Court has agreed to hear plea of five more Karnataka rebel MLAs on Tuesday, 16 July, along with petition of 10 legislators seeking acceptance of resignation, reports PTI.
Karnataka CM Kumaraswamy and HD Revanna arrived at HD Deve Gowda’s residence to hold talks, ahead of the Assembly session at 12:30 pm.
The BJP leaders have cancelled their meeting with MLAs, will meet at Vidhana Soudha directly before the Assembly session.
Chief Minister HD Kumaraswamy and Congress leader DK Shivakumar, on Monday 15 July met with the assembly speaker. The meeting, according to reports has ended and the assembly session is about to start.
BJP leader CT Ravi, on Monday 15 July said that his party has already sought to move a no-confidence motion against the Congress-JD(S) government, news agency PTI reported.
Former Karnataka Chief Minister and Congress leader Siddaramaiah, on Monday 15 July, told the media that the vote of confidence will be taken up on Thursday at 11 am in the Karnataka Assembly.
The Karnataka Assembly session, on Monday 15 July was adjourned till Thursday, 18 July, when the trust vote in the state will be taken up.
The BJP had earlier requested that no session should take place till on Tuesday, 16 July and Wednesday, 17 July.
Eshwar Khandre, Congress leader said that the party would have liked for important matters to be discussed on these two days but Opposition doesn’t want that to happen.
Rebel Congress MLA Ramalinga Reddy has failed to turn up for meeting with Speaker regarding his resignation. The appointment has been rescheduled to 4 pm on Tuesday.
BS Yeddyurappa said, “Today at the Speaker's meeting, we have discussed in detail and CM himself has expressed his desire to move a confidence motion on Thursday. For that we have agreed and we told the Speaker that in between this we don't want to discuss any business in the Assembly. Let us wait for Thursday. ”
He added, “15 (MLAs) in Mumbai and 2 independents, another 2 persons have promised us, so we have got 100% confidence that the motion will be defeated and CM will have to resign.”
“I am quite confident that BJP government will come into existence in the next three to four days. The BJP will give the best administration in Karnataka," Yeddyurappa told reporters in Bengaluru.
The Karnataka rebel MLAs in Mumbai are unlikely to fly to Bengaluru on Thursday when the Congress-JD(S) government would face the floor test, a source involved in coordinating the stay of the legislators said, as reported by PTI.
PTI reported that MLAs staying at the Mumbai luxury hotel do not see any reason to be present at the floor test as they are firm on their resignations.
Congress leaders hold meeting in Bengaluru. Discussion on vote of confidence will be taken up on 18 July at 11 am in Karnataka Assembly, reported ANI.
The special investigation team probing the multi-crore IMA Jewels ponzi scam detained Congress MLA Roshan Baig when he was about to board a chartered plane from the Bengaluru airport, Chief Minister HD Kumaraswamy said Monday.
The chief minister alleged that BJP state chief BS Yeddyurappa's personal assistant Santhosh was with Baig when he was leaving, a charge rubbished by the BJP.
Baig, the MLA from Shivajinagar, was suspended from the Congress for his alleged anti-party activities as he had rebelled against the party leaders.
Hearing in the matter of rebel Karnataka MLAs begins in the Supreme Court. The hearing is for the case filed by 10 rebel MLAs demanding the Karnataka Speaker to accept their resignation.
Mukul Rohatgi, representing the 10 rebel MLAs, according to ANI, has told the apex court that if a person does not want to be an MLA. no one can force him or her.
Mukul Rohatgi, the lawyer representing the rebel MLAs told the Supreme Court that the resignations should be decided in its own turn and sphere under Article 190, which says that if resignation is by hand and there is no other material, the Speaker has to take a decision as fast as possible - he cannot keep it pending despite the pendency in disqualification proceedings.
He said that he is not against the disqualifications, Bar and Bench quoted the lawyer as saying.
When asked on what grounds should the disqualifications go ahead, he said that not acting in consonance with the Party could be one. He further said his case is that even disqualification proceedings, cannot be a bar for resignation, as quoted by BarandBench.
Rebel Karnataka Congress MLA Ramalinga Reddy, on Tuesday told news agency ANI that he did not attend the meeting with the Speaker regarding his resignation on Monday as he had gone to see the Doctor. He further said that he will go on Tuesday, 16 July or Wednesday, 17 July - whenever the speaker’s office calls him.
Reddy also told the news agency that the reason of his resignation was internal.
Chief Justice Ranjan Gogoi, when asked that what is it that the council representing the rebel MLAs demands, Rohatgi said that as they did on the first day, the SC should give the Speaker a set time frame, within which he should make his decision.
Rohatgi further concluded his arguments, saying that the Stand of Speaker is no direction, is contemplated against the Speaker under Article 192.
Abhishek Manu Singhvi, the lawyer representing the Karnataka Speaker, said that Resignations cannot be an escape route to avoid disqualification, arguing that the MLAs submitted their resignations to avoid disqualification from the Assembly.
Abhishek Singhvi, while arguin for the Speaker, told the Supreme Court that this case is actually a disqualification case and Kihoto Hollohan applies.
Kihoto Hollonan vs Zachillhu And Others was a case where an SC bench analysed in detail the various provisions of the 52nd amendment of the constitution which inserted a new schedule elaborating various provisions to protect the parties from defection
The Supreme Court bench has risen for lunch. The matter will now resume at 2 pm for further arguments. Singhvi will conclude his arguments and then Dr Rajeev Dhavan will argue for Karnataka CM HD Kumaraswamy.
As Abhishek Singhvi brought in the Kihoto Hollonan vs Zachillhu And Others case, the Chief Justice has said that the 10th Schedule needs a rethink as it gives the Speaker a very high stature.
He said that in 1992, the judgment gave very high stature to Speaker and to Schedule 10 but in the last 25/30 years it has been degraded.
Dr Rajeev Dhavan, the lawyer arguing for Karnataka CM Kumaraswamy, said that it is the strategy of the other side (BJP) that the MLAs will be given ministerial berths if the government collapses.
He said that they have clearly said once resignations are accepted they will later become Ministers.
He further said that the rebel MLAs flew to Bombay when they could have met the Speaker.
Dr Rajeev Dhawan, arguing for CM Kumaraswamy, said that the Supreme Court, regardless of jurisdiction, doesn’t entertain matters related to Article 32 unless there is a fundamental right involved.
Mukul Rohatgi, while submitting his counter argument, said that the Speaker has no mandate uner the Constitution of India to go into the mind of the MLAs and find out the reason to resign.
He further said that the state government has lost majority and the Speaker is only waiting to prop up a government which is in minority.
Rohatgi concluded his arguments saying, “I have a fundamental right to resign and walk away.”
Supreme Court to pronounce order on Karnataka MLAs resignation at 10.30 AM on Wednesday, 17 July.
Speaker Ramesh Kumar, on Tuesday, 16 July, told reporters that there is no point in speculating what the SC order will be. "Since the court is deliberating, there is no point in me making any statement about my future actions.”
Assembly Speaker Ramesh Kumar has summoned rebel MLAs MTB Nagaraju and Sudhakar on Wednesday over their resignations. He is also expected to meet Ramalinga Reddy.
Shortly before the SC verdict on the Karnataka matter, BJP leader BS Yeddyurappa said, "We are waiting for the Supreme Court's decision, the MLAs who have resigned will not be affected. Tomorrow, the CM is going to move the confidence motion, he will lose the mandate, let us see what will happen.”
The Supreme Court on Wednesday permitted Assembly Speaker KR Ramesh Kumar to decide on the resignations of 15 rebel MLAs within such time-frame as deemed appropriate by him. Once the decision is taken, it should be placed before the court.
The discretion of the Karnataka Assembly Speaker in deciding on the resignations should not be fettered by direction or observations of court, the SC said.
The apex court also said that the 15 rebel MLAs should not be compelled to participate in the trust vote to be held on Thursday.
Reacting to the SC order in the Karnataka matter, Assembly Speaker KR Ramesh Kumar said, "With humility, I will accept the Supreme Court (order) and I respect it. There is an additional responsibility of me. I have the responsibility to make sure their (SC) order and the constitutional values are upheld."
Speaking on the apex court verdict, Mukul Rohatgi, who was representing the rebel MLAs, said the three-line whip issued against them to attend the House on Thursday is not operative in view of the SC judgment.
"The court has said that the (Karnataka) matter will be fully thrashed out at a later date," he added.
Speaking after SC’s verdict, BJP’s BS Yeddyurappa said the Congress-JD(S) government would “not last because they do not have the numbers.”
Speaking on SC's verdict in the Karnataka rebel MLAs case, Congress troubleshooter DK Shivakumar said, "This landmark judgment has given strength to democratic process. Some BJP friends are trying to misguide that whip is not valid, but the party can issue a whip and take necessary action as per anti-defection law."
Hailing the Supreme Court's direction on the Karnataka political crisis, rebel Congress-JD(S) MLAs camping in Mumbai said there was no question of going back on their resignations from the Assembly or attending the session.
"We are happy with the decision of the Honourable Supreme Court, we honour it," rebel Congress MLA BC Patil said in a video released to the media, a day ahead of the trial of strength in the Karnataka assembly.
Flanked by 11 other Congress-JD(S) MLAs who have quit, he said, "We all are together and whatever decision we have taken.. at any cost no question of going back (on resignations). We stand by our decision. No question of going to the Assembly."
The Congress on Wednesday said the SC order on the Karnataka political crisis nullifying the whip and providing "blanket protection" to MLAs who have betrayed public mandate sets a "terrible judicial precedent".
"SC's order nullifying the whip & by extension, operation of Constitution's Xth Schedule to punish MLAs betraying the public mandate, sets a terrible judicial precedent!" Congress' spokesperson Randeep Surjewala said in a series of tweets.
"Blanket protection to MLAs, who are driven not by ideology but by far baser concerns, is unheard-of," he said.
The Congress party on Wednesday, 17 July, demanded the disqualification of three rebel Karnataka MLAs – Ramesh Jarkiholi, Mahesh Kumtahalli and R Shankar – under the anti-defection law.
Congress had demanded the disqualification of Jarkiholi and Kumtahalli during the Budget session as well, alleging that BJP was trying to topple the coalition government.
Meanwhile, a fresh petition demanding Shankar's disqualification was moved on Wednesday. A meeting is underway at the Karnataka Speaker's chamber with senior Congress leaders.
After the meeting, the Speaker will be meeting a BJP delegation.
The Congress in Karnataka has termed the SC's order on the political crisis in the state as "bad judgment", which seemed to protect the defectors and encourage horse-trading.
In a series of tweets, Karnataka Pradesh Congress Committee (KPCC) president Dinesh Gundu Rao termed it an "extraordinary order".
The Congress on Wednesday said that the rebel Karnataka MLAs have to seek permission of the Speaker in order to to skip the floor test once the party has issued a whip.
The Speaker, KR Ramesh Kumar, has confirmed that no permission has been sought till now.
Minister for Law and Parliamentary Affairs, Krishna Byre Gowda, meanwhile, said that the SC's order on the Karnataka political crisis nullifying the whip has "restricted party's rights."
"We have the right to impose a whip. We also asked Speaker to clarify on this and he said that you are free to challenge it. The Speaker added if somebody violates the party's whip, it is up to the party to move a petition against such persons," Gowda added.
Karnataka CM HD Kumaraswamy and Deputy CM G Parameshwara hold meeting with Congress MLAs at Prakriti Resort ahead of trust vote on 18 July.
JD(S) on Wednesday issued whip to its MLAs including rebels H Vishwanath, Narayana Gowda and H Gopalaiah, to be present for trust vote at Vidhana Soudha on 18 July.
Whip states if session isn't attended or voting is done against party, action will be initiated under Anti-defection law.
Ramalinga Reddy confirms that he will remain in Congress party and vote in favour of Karnataka govt in Thursday's trust vote, reported news agency ANI.
The Congress-JDS government in Karnataka is hanging by a thread ahead of the floor test on 18 July, with the rebel MLAs refusing to yield after the Supreme Court held they cannot be compelled to attend the assembly session to decide the ruling coalition's fate.
As the coalition with truncated strength struggled to shore up its numbers amid fading hopes, the Supreme Court Wednesday ruled that the 15 rebel Congress-JD(S) MLAs "ought not" to be compelled to participate in the proceedings of the ongoing session of the state Assembly.
The court verdict was interpreted in political circles as a relief for the rebel lawmakers, as it categorically said an option should be given to them as to whether they wanted to take part or stay out of the assembly proceedings.
The ruling coalition had held out the threat of using the Whip against the wayward MLAs, citing the disqualification provision under the anti-defection law.
BJP State President BS Yeddyurappa and BJP MLAs arrive at Vidhana Soudha in Bengaluru. Karnataka government will be facing floor test today.
Section 144 imposed around Karnataka’s Vidhan Soudha ahead of trust vote.
Karnataka Assembly session begins. CM Kumaraswamy starts speaking ahead of the floor test
Karnataka CM Kumaraswamy moves trust motion in the Assembly.
BSP MLA N Mahesh was not present in the House during trust motion.
Ruckus in the Karnataka Assembly as former CM Siddaramaiah tries to raise a point about anti-defection law, reported The News Minute.
Another rebel Congress MLA Shrimant Patil from Kagwad constituency, has reached Mumbai last night. He has been admitted in Hospital in Mumbai after he complained of chest pain.
"Anti-defection law has not be struck down by the Parliament or by any court of law," says Siddaramaiah, insisting that parties have a right given by the Constitution to issue a whip.
BJP State President BS Yeddyurappa said that the trust vote should be completed in a day, as was the norm from 1983 to 2010.
“CM (Kumaraswamy) then said the political situation, then and now are completely different. Today, we have to prove that even PM has tried to sully the image of Karnataka by calling us a ‘khichdi’ govt. The debate is important to prove that Karnataka govt is clean and transparent,” said Yeddyurappa.
Congress leader Siddaramaiah said that the SC order was clear about discretionary powers of the Speaker but is also indirectly curtailed the party’s rights to issue a whip, as per Schedule 10.
Speaker Ramesh Kumar tells Siddaramaiah that a party has the right to issue whip to all its MLAs in the Karnataka Assembly.
“When a member chooses not to come, our attendants will not permit them to sign the register of attendance. The concerned member will not be entitled to draw any emolument that is meant for the member to be drawn for being present in the House,” Kumar added.
The deliberations should be limited to the trust vote demanded by Chief Minister HD Kumaraswamy and not over disqualification of rebel MLAs, demanded BJP leader Mahadeva Swamy.
Ruckus in Karnataka Assembly over whether resignations of rebel MLAs should we discussed or not. While BJP claims it is a "non-issue", Congress argues in favour.
DK Shivakumar said that the Yeddyurappa, as former chief minister and leader of Opposition, is misguiding the House.
The Karnataka Speaker KR Ramesh Kumar adjourned the Assembly till 3:00 pm on Thursday, 18 July, as the Congress-JD(S) government sought a delay in the floor test.
A BJP delegation is expected to meet Governor Vajubhai Vala on 18 July to request him to intervene and expedite the floor test.
State cabinet minister and Congress leader DK Shivakumar is showing photographs to the House to prove that BJP is are trying to “lure” Coalition MLAs.
"My party MLAs have been kidnapped. I have received calls from family members," he said.
The claims were reiterated by Dinesh Gundurao who said:
"We were all with Shrimanth Patil last night and he had dinner with us. Later, I was informed that he's missing from the resort. We couldn't find him despite searching. He was healthy but look at what the BJP has done."
Gundurao also asked that why the Maharasthra government was giving protection to the MLAs? "It shows that the BJP is completely involved in the House," Gundurao said.
Congress leader DK Shivakumar showed a picture of one of the rebel MLAs, raising questions on the state of his health.
"There were eight MLAs who traveled together, here is a picture of one of them (Shrimant Patil) lying inert on a stretcher, where are these people? I'm asking the Speaker to protect our MLAs," he said.
In response, CM Kumaraswamy said: "In the case of Shrimanth Patil, you must explain who sent photos of him on WhatsApp? Who traveled with him in the flight? The Speaker has the responsibility to protect the MLAs. Numbers only matter during the vote."
Karnataka Speaker KR Ramesh Kumar on Thursday sought a report on Congress MLA Shrimant Patil from Karnataka Home Minister MB Patil.
"Please contact the family members of Shrimant Patil immediately. Give a detailed report to me by 19 July, it does not look natural. If home minister can't ensure protection, I will talk to DGP," the Speaker said.
BJP leader Jagadish Shettar met with Governor Vajubhai Vala on Thursday, 18 July.
"We have submitted a memorandum to the Governor. We have requested him to direct the Speaker to go ahead with trust vote not to talk over other issues," Shettar said.
Karnataka Speaker KR Ramesh Kumar adjourned the Assembly till 4:30 pm on Thursday, 18 July.
The Speaker sought time to seek legal advice on the issue of the whip imposed by Congress and JD(S) to rebel MLAs.
Karnataka Congress MLA Shrimant Patil has been shifted to Mumbai's St George Hospital from Bombay Hospital and Medical Research Centre for further treatment.
After a BJP delegation met Vajubhai Vala over the delay in the trust vote, the Karnataka governor decided to send a special officer to the Assembly to witness the proceedings.
"Motion of confidence is in consideration at the House. The chief minister is expected to maintain confidence of the House at all times. Consider trust vote by the end of the day," the governor said.
As Governor Vajubhai Vala in a letter said that the Speaker Ramesh KR Ramesh Kumar should consider finishing the floor test by 18 July, BJP leader Yeddyurappa said that the party does not object to people speaking.
"Let it take till midnight but the trust vote must be done by today. We do not object to people speaking, let everyone speak for 5 minutes but let’s complete the proceedings," he said
Congress leader Krishna Byregowda meanwhile, said that it is the “right and privilege” of the members of the House to discuss floor test debate.
"You've already received a list of speakers on the motion. If I'm not given an opportunity then what is the point of being a member. They (BJP) said the government should have done a better job of securing the MLA, but does that give them the right to steal?,” Byregowda said.
Following Governor's direction to the Speaker over delay in the trust vote, Congress on Thursday said that the former's message amounts to interference with this House.
"The governor shall not interfere in the proceedings of this House. We've seen that the Governor's representative is present here, we welcome the person, but we (Congress) should have been informed of this development," Congress leader HK Patil said.
After a massive uproar in the Karnataka Assembly by Congress and JD(S) MLAs, the deputy Speaker adjourned the House for 10 minutes.
Amid chaos in the Karnataka Assembly, the Deputy Speaker deferred the trust vote proceedings till 11 am on 19 July. BJP however, said that the party will camp in the Assembly overnight.
As the trust vote in Karnataka Assembly was deferred till Friday, Congress in a release questioned BJP's plea on trust vote on Thursday.
"With BJP’s desperation to subvert Constitutional norms and to usurp power at all costs, it may end up, inadvertently, achieving the opposite objective. The Decision of the Hon’ble Supreme Court has created more questions than it has answered," Congress leader Randeep Singh Surjewala said.
Karnataka Congress on Thursday wrote to Bengaluru Police over "abduction" of Congress MLA, Shrimant Patil.
The letter states, "Prima facie, Laxman Savadhi, BJP MLA has either abducted/unlawfully restrained, by which illegally depriving his (S Patil) physical freedom."
Congress MLA Shrimant Patil on Thursday said that he went to Chennai for some personal work and felt “some pain in the chest there.”
"I visited hospital and on the suggestion of the doctor, I came to Mumbai and got admitted. Once I recover, I'll go back to Bengaluru," he said.
Earlier in the day, Congress alleged that BJP had abducted him in order to prevent him from appearing before the House for the floor test.
Addressing the media after Deputy Speaker deferred the floor test in Karnataka Assembly, BJP leader BS Yeddyurappa said that the CM is reluctant because he confirmed that he has lost confidence of the house.
"We are demanding voting on the motion but the Chief Minister is reluctant to take it up as he has confirmed himself that he has lost confidence of the house and the people. Everybody knows Congress-JD(S) have only 98 MLAs, we have 105," he said.
Karnataka Governor Vajubhai Vala wrote a letter to Chief Minister HD Kumaraswamy, asking him to prove majority of the Government on the floor of the House by 1:30 pm on Friday, 19 July.
BJP leaders camp inside assembly to protest against the floor test delay.
Published: 15 Jul 2019,08:36 AM IST