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Karnataka disaster: Supreme Court docket listening to on Tuesday for demand for majority take a look at | Karnataka disaster: Supreme Court docket listening to on demand for majority take a look at – jj
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Karnataka disaster: Supreme Court docket listening to on Tuesday for demand for majority take a look at | Karnataka disaster: Supreme Court docket listening to on demand for majority take a look at

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new Delhi: The Supreme Court will hear Tuesday on the pleas of R. Shankar and H Nagesh, two MLAs who withdrew support to the Kumaraswamy Government of Karnataka. Chief Justice Ranjan Gogoi will hear a petition on a bench application. In fact, the petition states that the majority of the government lost is in the house to prevent voting, in such a case, the Supreme Court should immediately order a majority of the test. Before this, Dinesh Gundu Rao and Chief Minister HD Kumaraswamy have filed an application seeking clarification on July 17 order.

It has been said in the petition that the Supreme Court should clarify that the order to exempt the 15 MLAs from the proceedings of the House is the violation of the constitutional right of issuing party whips. The issue of constitutional right to issue party whips in the matter has been raised, The time to prove the majority is also wrong.

On July 17, the Supreme Court had said in its interim order that 15 MLAs who resigned from Karnataka are not obliged to take part in the proceedings of the House, if they wish, then they will go. The court had also said that the Speaker has the right to decide whether to decide on the resignation of the legislators in time, but 15 rebel legislators can not be compelled to join the power test.

On the larger constitutional question related to this matter, the court had further explained the need for hearing in detail. Although the Supreme Court did not set a timeline on the resignation in view of the speaker's authority. Earlier, senior advocate Mukul Rohatgi, appearing for rebel legislators, said that the legislators have the fundamental right to resign, it can not be stopped.

According to the constitutional arrangement, resignation must be accepted immediately. Until he decides on this, till he is exempted from the muscle in the house. It was argued on behalf of the speaker speaker that the right to decide on disqualification and resignation was of the speaker. The Supreme Court can not interfere until the Speaker decides his decision.

On this, the Chief Justice had commented on the arguments of rebel legislators Mukul Rohatgi. He said that the Supreme Court can not say to the speaker how can he take action to resign or disqualify legislators, can not stop or obstruct the court speaker for this.

The question in front of us is that there is a constitutional obligation that the speaker will decide on the resignation before the demand to be disqualified or will decide on both together. Senior counsel Abhishek Manu Singhvi, who was present on behalf of the Speaker, said that The resignation given to the speaker is not valid.

Abhishek Manu Sindhvi said that 11 out of 15 rebel MLAs gave their resignation on 11th July to the Speaker. The action to be disqualified against all the legislators had already begun with his resignation. All the MLAs present before the speaker appeared on 11th July. Not before that 4 legislators have not been present till date.

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