Karnataka's new speaker can make fresh call on disqualified MLAs: Solicitor General tells SC

Bengaluru, Oct 25: Solicitor General Tushar Mehta, in New Delhi on Thursday, told the Supreme Court that new Karnataka Speaker Vishweshwar Hegde Kageri had no difficulty in hearing aggrieved MLAs and taking a fresh call.

"We have no difficulty in hearing them all (disqualified MLAs) and take a fresh call," Mehta told a Bench of Justices N.V. Ramana, Sanjiv Khanna and Krishna Murari. Mehta was representing the office of the Speaker.

The top court was hearing the plea of 17 Karnataka MLAs, challenging their disqualification.

In July, then Speaker K.R. Ramesh Kumar disqualified them, rejecting resignations tendered by them. Those MLAs had remained absent from the House on July 23 when former Chief Minister H.D. Kumaraswamy put the confidence motion to vote.

The disqualified legislators had moved the top court, challenging the Speaker's action saying it was in gross violation of the apex court orders, and illegal and unconstitutional.

Under the scheme of the Constitution, a lawmaker had a right to resign and the Speaker should accept that, Mehta submitted. "Under the scheme of the Constitution, as I have read, a legislator has the right to resign. Except the contingency provided in Article 190(3), there is no room for resignation being rejected," Mehta said.

Article 190(3) of the Constitution envisages that the Speaker or the Chairman of the legislature has to only ascertain whether the resignation of a lawmaker is voluntary and genuine, and if not, he will not accept such resignations.

Appearing for the disqualified MLAs, senior advocate V. Giri told the Bench that the order passed by the then Speaker couldn't be interfered with on procedural irregularities but it could be interfered with on the ground of violation of natural justice. 

Senior Advocate Giri also questioned the hurry to decide the disqualification petition.

Appearing for Kumaraswamy, senior advocate Rajeev Dhavan said the resignation was a privilege granted to MLAs subject to the Speaker's call.

Stressing that defection is the biggest evil in elections, Dhavan said could the Speaker ignore material before him, which made it obvious that something was wrong with the resignations. 

Rajeev Dhavan also raised the issue related to absence of disqualified MLAs from party meetings and their presence in hotels hobnobbing with BJP leaders.

Arguments will continue on Friday.