Five rebel MLAs from Karnataka’s ruling coalition applied to the Supreme Court on Saturday asking to be included in the earlier petition moved by 10 fellow rebels seeking a direction to the Assembly Speaker to decide quickly on their resignations.
They said they were being pressured to support the government in the impending floor test against the threat of being disqualified if they didn’t follow the party whip.
The five — Anand Singh, K. Sudhakar, M.T.B. Nagaraj, Munirathna and Roshan Baig — urged the apex court to extend to them Friday’s order restraining the Speaker from deciding on the resignations or possible disqualification of the 10 other rebels.
Their application is likely to be taken up on Tuesday, when a five-judge constitution bench begins hearings to decide the twin issues of the Speaker’s powers relating to disqualification and resignations, and the court’s powers to issue directions to the Speaker on legislative proceedings.
“The applicants apprehend that they will be disqualified while their resignations are kept pending…. It is submitted that despite the applicants having resigned, the applicants are being threatened to support the government (in the floor test) on the threat of disqualification,” the application says.
“Any elected member of the legislature is entitled, in consultation with his conscience or other attendant circumstances, to resign his membership…. It is stated that the MLAs wish to resign acting in accordance with their conscience, voluntarily.”
The Speaker has told the apex court that before deciding on the resignations, he has to satisfy himself that these are genuine and voluntary.
Saturday’s application by the five rebels argues that “once the MLA himself states that the resignation is voluntary there is no scope for any inquiry on this account”.
As for genuineness, “when the person concerned submits it in person under his own signature, the said ground is also answered”.
“Both these conditions being fulfilled, (an) elaborate enquiry is not contemplated,” the application adds.
