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Says Speaker can decide on resignations ‘when appropriate’
The Supreme Court on Wednesday gave the 15 dissident MLAs from Karnataka complete freedom to opt out of the ongoing Assembly session even as it acknowledged the Speaker’s discretion to decide on their resignations as and when he considers it appropriate. A five-page order pronounced by a Bench, led by Chief Justice of India Ranjan Gogoi, gave a clear indication to the 15 rebel Congress-Janata Dal (Secular) legislators, led by Pratap Gouda Patil, that they could bail out of the trust vote scheduled for July 18.
“Until further orders, the 15 Members of the Assembly, ought not to be compelled to participate in the proceedings of the ongoing session of the House and an option should be given to them that they can take part in the said proceedings or to opt to remain out of the same,” the interim order said. The free run given by the Supreme Court to the dissident legislators means they can defy a party whip without the fear of disqualification for defection under clause 2 (b) of the Tenth Schedule of the Constitution. Clause 2 (b) mandates that a legislator is liable for defection if he or she “votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf…”
Source : https://www.thehindu.com/todays-paper/karnataka-rebels-get-sc-reprieve/article28533561.ece
