Day of disgrace leaves K’taka govt on brink
Guv Calls For Prez Rule After Chaotic Trust Vote
Asha Rai & Vishwa Mohan \ TNN
Bangalore/New Delhi:
The Karnataka High Court holds the key to the survival of the BJP government, after Governor H R Bhardwaj on Monday recommended its dismissal, terming its victory in a trust vote — secured amid ugly scenes and after the controversial disqualification of 16 MLAs, particularly five Independents — as ‘‘unconstitutional’’.
On Tuesday, the court is to hear a petition by disqualified MLAs, challenging the decision of Speaker K G Bopaiah.
Even as the BJP slammed the governor in the wake of strong indications that he had recommended dismissal of the government and imposition of President’s rule, the Centre is learnt to have upheld Bhardwaj’s determination that the trust vote was unconstitutional and that B S Yeddyurappa’s government had lost majority support.
Congress’s Core Group reviewed the situation and is learnt to have held that the Speaker was wrong in disqualifying the Independents, who could have tipped the scales. It, however, decided to wait for the HC’s ruling before taking a call.
The Union Cabinet, scheduled to meet on Tuesday evening, may accept Bhardwaj’s recommendation if the court does not order a fresh vote in the presence of an observer.
The Yeddyurappa government, just like the A B Vajpayee government at the Centre in 1999, would have been defeated by one vote, had the five Independents not been disqualified by the Speaker just before the trial of strength.
BJP’s hopes hinge on an order passed by the Supreme Court in 1996 where it, broadly speaking, held that a legislator could lose his ‘Independent” character even if he did not formally join a political party.
In what could bolster the speaker’s case, the Supreme Court in 1996 had held that an independent MLA would cease to be so without joining a political party if he had been obeying the whip of a party, appearing on its platform and attending its programmes.
BJP sources claim that in the light of SC’s definition, speaker K G Bopaiah was right in disqualifying the five Independents who were supporting the BJP, before crossing over to the rival camp. Their contention is that these MLAs had become members of the BJP legislature party and, hence, were liable to be punished by disqualification for violating the party’s whip.
That the resolution of the power tussle is going to turn on the Constitution and law, with the court having to arbitrate, may seem ironic after the ugly spectacle that unfolded in Vidhana Soudha on Monday. Nadir is too tame a word to capture the depths Karnataka politics plumbed on Monday. A hand-wringing sense of shame, anguish and helplessness engulfed the people as politicians held the state hostage to their personal pelf and greed.
From 8am onwards, Vidhana Soudha had the look of an arena under siege, with the air thick with tension. The 11 rebel BJP MLAs were prevented from entering the assembly as the speaker, disregarding the governor’s advice, had disqualified them. They were thus unable to participate in the confidence vote.
A dissident independent MLA, Goolihatti Shekar, bared his chest, a la Salman Khan and grabbed national TV eyeballs. In unprecedented scenes, with the speaker’s permission, police carrying firearms were allowed to enter the assembly for the first time ever in the history of the country. Initially, leader of the opposition in the assembly, Congress’ Siddaramaiah, was prevented by the police from entering the hall. Dissident MLAs jousted with the marshals while elsewhere, a slugfest erupted between police and the media pack at the site.
In the commotion, the motion of confidence was passed by a voice vote and the assembly adjourned. The action shifted to the high court and Raj Bhavan, the governor’s house. After the tamasha, it was still unclear which way the state was headed, at the end of the day. While the governor is said to have recommended imposition of President’s rule as the trust vote was a “farce”, the Congress claimed it had the requisite numbers to form the government and took 119 MLAs to meet the governor to prove its point.
Countdown To Manic Monday
Oct 5
Minister M P Renukacharya and 6 ministers revolt against reshuffle, along with some legislators
Oct 6
18 rebel MLAs submit letter to Governor Bhardwaj withdrawing support from govt. CM sacks four ministers, 3 quit. Guv gives CM B S Yeddyurappa (BSY) till Tuesday to prove majority
Oct 7
Rebels shift to a Goa resort; former Goa CM Parrikar wins over Renukacharya. BSY gets a breather
Oct 8
Speaker issues notices to 11 rebels. Subtext is if they’re disqualified, the effective strength of the assembly reduces, enabling BSY to pass floor test
Oct 9
JD(S) unshackles 17 rebels from BJP's clutches, flies them to Chennai
Oct 10
Governor asks Speaker not to disqualify rebels, let them vote
Oct 11
Speaker ignores guv’s advice. BSY govt wins vote, disregarding parliamentary norms. Ugly scenes in House; police in uniform called in; opposition MLAs come to blows with House staff, an MLA tears off his shirt. Guv sends report to Centre recommending President’s rule
WHAT NEXT?
If Karnataka HC annuls disqualification of MLAs, it will put BSY’s govt in trouble. But if HC upholds disqualification, it will put stamp of legitimacy on trust vote and ensure continuation of govt
If there is no immediate intervention from the court, the Centre may accept Governor’s recommendation and impose President’s rule, keeping the House in suspended animation
Guv may ask Congress and JD(S), which have been claiming numbers, to give governmentformation exercise a shot
PRECEDENTS TO GO BY
Goa Drama
When two BJP MLAs and an independent withdrew support to Goa CM Manohar Parrikar, speaker Vishwas Satarkar disqualified independent F N Rodrigues on Feb 28, 2005 just hours before the Assembly session. But governor S C Jamir dismissed the govt soon after. A month later, pro tem speaker Francisco Sardinha disqualified UGDP MLA Mathany Saldanha, helping Congress CM Pratapsingh Rane survive a trust vote on the strength of the speaker’s casting vote. The ensuing instability forced the Centre to impose President’s rule shortly thereafter
Anti-defection Law
Karnataka speaker’s disqualification of 5 independent MLAs is indefensible as they did not join any party
But his action against 11 BJP MLAs is debatable because in a 1994 case, Ravi S Naik vs Union of India, the SC interpreted the expression
"voluntarily giving up membership” widely enough to allow the speaker to draw such an inference even without a resignation letter....................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQkcvMjAxMC8xMC8xMiNBcjAwMTAw&Mode=Gif&Locale=english-skin-custom
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