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Karnataka political crisis: Highlights of why SC rejected Congress-JDS plea for removal of Protem Speaker KG Bopaiah
The Supreme Court on Saturday rejected the Congress-Janata Dal Secular (JDS) plea challenging the appointment of KG Bopaiah as the Protem Speaker. The SC decided against interfering in the decision of the Governor over the appointment of the Protem Speaker. Karnataka Chief Minister BS Yeddyurappa will have to prove his majority during the floor test at 4 pm on Saturday.
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Congress leader P Chidambaram hailed the SC order on live telecast of House proceedings. "I salute the Supreme Court. Now, let the Congress and JDS MLAs stand by their respective party and uphold the Constitution. In Karnataka, what is at stake is not only who will form the Government, but who will be loyal to the electorate and uphold the verdict of his/her voters. Every trick of the BJP to delay or derail the vote of confidence has been defeated. Now, I am sure the Congress and JDS MLAs will defeat Mr Yeddyurappa. Live telecast ordered by Supreme Court will mean that every citizen watching television will be the Pro Tem Speaker," he tweeted.
Congress has alleged that the BJP is trying all it can to buy the MLAs. "BJP will be exposed to the whole world. They know very well that they are 104, still they are trying everything and anything to buy our MLAs. But, our MLAs are intact. Two of our MLAs are still not here, whenever they come they will surely support us," Congress leader Veerappa Moily said.
As per Zeenews sources, some close aides of HD Kumaraswamy are unhappy with him and are likely to abstain during trust vote. They are said to be unhappy over HD Kumaraswamy being the CM candidate.
Two Congress MLAs Anand Singh and Pratap Gowda Patil, who were reportedly missing, are still not present in the assembly to take the oath.
"Scared Congress did not want to have a floor test"
After the verdict, Mukul Rohatgi said it seems that the Congress did not want a floor test to be held. "The SC heard the pleas of the Congress, all their pleas have been rejected. The desperate attempts of Congress to remove him from post have failed. I think they are scared and did not even want a floor test in the first place," he said.
Back in the Assembly, Chief Minister Yeddyurappa and former CM Siddaramaiah have taken oath. There were administered oath by Protem Speaker KG Bopaiah.
After the SC order, Abhishek Manu Singhvi said: "The most important objective was to establish transparency. Since the statement has come from ASG that live feed of proceedings would be given, we hope and trust that there would be fairness. I have no doubt that the victory would be of Congress and JDS."
Rejecting Congress-JDS request challenging the appointment of KG Bopaiah as Protem Speaker, the SC has decided not to interfere in the Governor's decision and ordered that the floor test will be conducted by KG Bopaiah.
Additional Solicitor General Tushar Mehta, appearing for the Governor, told SC that live recording of floor test would ensure transparency. The apex court said that all channels should be given access to live broadcast. "Live broadcast of floor test would be the best way to ensure transparency of proceedings and it would address grievances of opposition parties," SC observed.
Even as arguments continue in court over whether KG Bopaiah should continue as Protem Speaker, he has started administering oath to MLAs in the Karnataka Assembly.
On being asked to appoint the Protem Speaker, the SC said: "How can we appoint the Protem speaker for Karnataka Floor Test. It is not the law to direct the Governor to appoint a particular person as protem speaker." The SC also told Kapil Sibal that they are in a 'zone of contradiction'. "You want to militate against the protem speaker but you are not willing to give him time to respond. We will hear you but then floor test will have to be delayed," the SC said.
Sibal said that they would have had no objection if Protem Speaker only had to administer oath to MLAs. "The problem is he is also holding floor test," he said.
Kapil Sibal tells SC that KG Bopaiah was found to be acting in partisan manner when Yeddyurappa faced floor test earlier. Sibal claims that Bopaiah had manipulated the majority in past.
Citing Bopaiah’s past conduct in the House, Kapil Sibal said, "Bopaiah has a history." He gave example of 2010, when he disqualified certain members which the Court found as illegal and unconstitutional. Sibal reads out SC judgement 2011 against Bopaiah.
Justice SA Bobde pointed out that there have been instances where the senior most member of the House wasn't the protem speaker. Mukul Rohatgi supported the view, saying he and Sibal had once argued for a member as Protem speaker who was the junior most
Arguing in court against the appointment of KG Bopaiah as Protem speaker, Kapil Sibal said: A long standing convention has been broken. The SC has ratified this practice in two judgments. He is the person against whom there have been orders by this court itself. He is a junior member. This creates inconsistency.
Supreme Court begins hearing Congress-JDS plea challenging the appointment of pro-tem Speaker KG Bopaiah for the floor test in the Karnataka Legislative Assembly today. Senior Advocates Dr Abhishel Manu Singhvi and Kapil Sibal representing Congress are in court. Mukul Rohatgi representing Yeddyurappa and Attorney General KK Venugopal are also in Court Room 6 for the hearing.
JDS leader HD Kumaraswamy on Saturday claimed that none of their MLAs are trapped. "For me, today is not an important day, the important days will come in future. Up to 4 pm, BJP will try to poach our MLAs. All the MLAs are together, no one is going to go to the other side. I and Siddaramaiah will go together," he said.
The bus carrying BJP MLAs arrives at Shangri-La hotel in Bengaluru for the party legislature meeting. They will then be taken to the Assembly. Yeddyurappa is already at the hotel to meet the MLAs ahead of the floor test today.
The Congress party had on Friday released an audio clip which purportedly reveals how BJP's Janardhana Reddy attempted to lure Basanagouda Daddal to break ranks with Congress. The Congress alleged that BJP is repeatedly offering money to its MLAs in Karnataka in order for it to make up its deficit - a charge BJP has vehemently denied. Read the transcript of the conversation here.
Ahead of the trust vote, Karnataka Chief Minister BS Yeddyurappa said that he was confident that he will be able to prove the majority comfortably. ''I am going to have an absolute majority and tomorrow, I am going to take all that decision which I promised to the people of Karnataka,'' he said.
Can the non-BJP MLAs switch parties or abstain from trust vote? Read here to know what action can be taken against the MLAs under the 10th Schedule of Constitution or the Anti-defection law.
Abhishek Manu Singhvi, who is representing the Congress in the SC, has reached court for the hearing into the plea challenging the appointment of KG Bopaiah as the Protem Speaker. Another lawyer representing the Congress, Dev Dutt Kamal, said it is for the court to decide what will happen.
Protem speaker KG Bopaiah on Saturday inspected the preparations for the floor test that is due to take place at 4 pm today. He was accompanied by the Assembly Secretary. Security has been beefed up outside the Vidhan Sabha ahead of the trust vote.
Congress too is confident that they have the numbers on its side. "Numbers are against BJP. Numbers are in favour of us. MLAs are in our favour. We will form the government," Congress leader Ghulam Nabi Azad said. Congress's Mallikarjun Kharge also echoed Azad adding that, "BJP doesn't have the numbers, we will win the floor test. BJP is just trying to prove their majority and they will fail to do so."
CM BS Yeddyurappa is at the Shangri-La hotel for the party legislature meeting. He will then leave for the Assembly with others. Confident of a win in the trust vote, BJP leader Sadananda Gowda said: "Wait till 4.30 pm. We will win and BS Yeddyurappa will be the CM for 5 years." Union Minister Ananth Kumar also exuded confidence of a victory and called the alliance between the Congress and JDS as unholy. "They are going to be rejected, people are going to reject them," he said.
The second bus, carrying Congress MLAs, arrives at Hotel Hilton in Bengaluru.
Visuals outside CM BS Yeddyurappa's residence in Bengaluru. Floor test to be held at 4 pm today in Karnataka Assembly.
CM BS Yeddyurappa will attend the party legislature meeting at the Shangri-La hotel. He will then leave for the Assembly with others.
After the floor test concludes, the results will be declared to ascertain whether BSY has the required majority to stay in power or not.
After the oath and Governor's speech, the floor test proceedings will begin in the Karnataka assembly.
Governor Vajubhai Vala has convened a session of the Karnataka Assembly at 11 am after which newly-elected MLAs will be administered the oath of office and secrecy.
Ahead of the floor test, the top court will hear a plea challenging KG Bopaiah's appointment as Protem Speaker.
As directed by the SC, Karnataka CM BS Yeddyurappa will face floor test in state assembly at 4 pm this evening.
Bengaluru/New Delhi: The Supreme Court on Saturday rejected the Congress-Janata Dal Secular (JDS) plea challenging the appointment of KG Bopaiah as the Protem Speaker. The SC decided against interfering in the decision of the Governor over the appointment of the Protem Speaker. Karnataka Chief Minister BS Yeddyurappa will have to prove his majority during the floor test at 4 pm on Saturday. While hearing the plea, the Supreme Court said that the proceedings of the House should be broadcast live. "A live broadcast of floor test would be the best way to ensure transparency of proceedings. What else can be more transparent than the live streaming of the floor test," the SC observed.
Can the non-BJP MLAs switch parties or abstain from trust vote? Read what action can be taken against the MLAs under the 10th Schedule of Constitution or the Anti-defection law. Read the highlights of what developments took place in Karnataka on May 18.
Yeddyurappa, meanwhile, exuded confidence that he will be able to comfortably prove his majority in the House today. ''I am going to have an absolute majority and tomorrow, I am going to take all that decision which I promised to the people of Karnataka,'' he said.
Stay with us to know what happens in SC and all the updates about the floor test: -