Disqualification of 14 rebel Congress-JD(S) MLAs from the Karnataka Assembly, which helped the BJP to clear the floor test with ease, will now be challenged in the Supreme Court. The rebel MLAs have approached the Apex Court challenging Karnataka Speaker’s decision to disqualify them for the term of the present Assembly.
KR Ramesh Kumar, who represents the Congress party from Srinivasapura constituency in Kolar, resigned from the Speaker’s post, amid reports that the BJP was mulling moving a no-confidence motion against him after BS Yediyurappa took the oath as the Chief Minister of Karnataka and the BJP won the trust vote.
KR Ramesh gave his farewell speech moments after Yediyurappa won the floor test. “I have decided to relieve myself from this office…I have decided to resign,” he said.
On the eve of the trust vote, he had disqualified 11 Congress MLAs and three JD(S) MLAs under the anti-defection law, till the end of the current term of the House in May 2023. On July 25, he disqualified two independent MLAs stating that he did not find their resignations “voluntary and genuine”.
Constitution prohibits Courts from interfering in the proceeding of Parliament and Legislature (Article 122, 212), but the Supreme Court, in Kihoto Hollohan v. Zachilhucase, held that in this case Speaker acts as a tribunal and performs quasi-judicial functions, and thus their decisions in that capacity are amenable to judicial.