Coalition moves SC to counter BJP’s strategies

In an attempt to buy time and counter the moves by the BJP, both the JD(S) and the Congress approached the Supreme Court and maintained that Karnataka Governor Vajubhai Vala should not interfere in the trust vote process.

In his submission, Chief Minister HD Kumaraswamy said that deadlines set by the Governor’s directions are completely contrary and ex-facie in contravention of apex court’s earlier verdict. “No such direction on trust vote could have been issued by Governor when confidence motion was already initiated.”

Seeks clarification

In the application filed by Karnataka Congress chief Dinesh Gundu Rao, the party sought a clarification on the apex court order which said that the 15 rebel MLAs cannot be compelled to participate in the ongoing Assembly proceedings. The party said it compromises the role of Chief Whip in an Assembly.

The Congress apparently wants to checkmate the BJP’s strategy of using the role of Governor in such stalemate conditions. The party believes that by moving the apex court, it can question if the Governor dismisses the government using his powers. In the application filed in the apex court on Friday, the state Congress said, “It is respectfully submitted that as a result of the order dated July 17, the constitutional rights of the applicant under the Tenth Schedule are vitally affected and as such the instant application is being moved,” it said.

Right to issue whip

It submitted that under the Tenth Schedule of the Constitution, a political party has a right to issue a whip to its legislators. “The exercise of this right under the Constitution is not circumscribed by any condition nor can it be subject to any restrictive orders from the court even prior to the issuance of the whip. Any enquiry for the purposes of the Tenth Schedule is a proceeding of the Legislature of the State within the meaning of Article 212 of the Constitution,” it said.

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