Karnataka's new speaker can make fresh call on disqualified MLAs: Solicitor General tells SC

Agencies
October 25, 2019

Bengaluru, Oct 25: Solicitor General Tushar Mehta, in New Delhi on Thursday, told the Supreme Court that new Karnataka Speaker Vishweshwar Hegde Kageri had no difficulty in hearing aggrieved MLAs and taking a fresh call.

"We have no difficulty in hearing them all (disqualified MLAs) and take a fresh call," Mehta told a Bench of Justices N.V. Ramana, Sanjiv Khanna and Krishna Murari. Mehta was representing the office of the Speaker.

The top court was hearing the plea of 17 Karnataka MLAs, challenging their disqualification.

In July, then Speaker K.R. Ramesh Kumar disqualified them, rejecting resignations tendered by them. Those MLAs had remained absent from the House on July 23 when former Chief Minister H.D. Kumaraswamy put the confidence motion to vote.

The disqualified legislators had moved the top court, challenging the Speaker's action saying it was in gross violation of the apex court orders, and illegal and unconstitutional.

Under the scheme of the Constitution, a lawmaker had a right to resign and the Speaker should accept that, Mehta submitted. "Under the scheme of the Constitution, as I have read, a legislator has the right to resign. Except the contingency provided in Article 190(3), there is no room for resignation being rejected," Mehta said.

Article 190(3) of the Constitution envisages that the Speaker or the Chairman of the legislature has to only ascertain whether the resignation of a lawmaker is voluntary and genuine, and if not, he will not accept such resignations.

Appearing for the disqualified MLAs, senior advocate V. Giri told the Bench that the order passed by the then Speaker couldn't be interfered with on procedural irregularities but it could be interfered with on the ground of violation of natural justice. 

Senior Advocate Giri also questioned the hurry to decide the disqualification petition.

Appearing for Kumaraswamy, senior advocate Rajeev Dhavan said the resignation was a privilege granted to MLAs subject to the Speaker's call.

Stressing that defection is the biggest evil in elections, Dhavan said could the Speaker ignore material before him, which made it obvious that something was wrong with the resignations. 

Rajeev Dhavan also raised the issue related to absence of disqualified MLAs from party meetings and their presence in hotels hobnobbing with BJP leaders.

Arguments will continue on Friday.

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coastaldigest.com news network
May 23,2020

Mangaluru, May 23: Two more persons tested positive for covid-19 in Dakshina Kannada today taking the district's tally to 65.

One among them is a 30-year-old man who had returned from Maharashtra and was under quarantine. He underwent test at a private lab and was tested positive.

The other one is a 41-year-old woman who is a resident of Shirlalu in Beltangady and had symptoms of influenza-like illness. 

She was urged by residents in the surroundings of her house to go for a test. She was shifted to Wenlock COVID hospital in the morning on Saturday.

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News Network
February 29,2020

Bengaluru, Feb 29: A Lingayat seer on Friday threatened to get 10 BJP MLAs to quit if Karnataka Chief Minister BS Yediyurappa does not make MLA Dattatreya Patil Revoor a minister soon.

"If Yediyurappa does not make BJP's Gulbarga South MLA Dattatreya Patil Revoor a minister, I will get 10 ruling party legislators resign and reduce the government to a minority, forcing the Chief Minister to resign," said Srishaila Saranga mutt seer Deshikendra Swami at a meeting in Kalaburagi on Friday.

Addressing a gathering of the Lingayat community, to which Revoor belongs, the seer said although he wanted Yediyurappa to complete the remaining 3-year term in office and the BJP to return to power after the next elections, it would be difficult for Yediyurappa to continue if Revoor is not made a minister.

"Yediyurappa will be in office for the next three years if he makes Revoor minister. If not, I will ask him (latter) also to resign, as does not need to be in politics anymore because he has a house, many acres of agricultural land and is very rich," the seer told the gathering in Kannada.

In his nomination to contest in the May 2018 assembly elections, Revoor (37) declared in an affidavit Rs 17-crore assets, including immovable properties.

Wishing Yediyurappa to remain in office for the next three years and return as Chief Minister, the seer said if Yediyurappa is forced to quit, then the Lingayat community would not get an opportunity to have its leader as Chief Minister again for at least 30 years.

Yediyurappa, whose constituency is Shikaripura in Shivamogga district, is considered the tallest Lingayat leader of the politically powerful community, which accounts for 18% of the 6.5-crore state's population.

Though a dozen BJP legislators won from the erstwhile Hyderabad-Karnataka region in the May 2018 Assembly elections, only Prabhu Chauhan from the adjacent Bidar district was made minister for animal husbandry.

The Saranga mutt seer’s threat comes a month after Veerashaiva Lingayat Panchamasali seer Swami Vachananda, dared Yediyurappa to make 3 of the community legislators ministers ahead of the second cabinet expansion on February 6.

At a Lingayat gathering in the state's Davengere district on January 15, Vachananda told Yediyurappa to make party's Bilgi legislator Murgesh Nirani Minister, failing which the community would withdraw its support to the ruling party.

Hiryur is about 300km northwest of the southern state's capital Bengaluru.

Ticking off the young seer, a defiant Yediyurappa, however, threatened to walk out of the meeting if he was blackmailed for making Lingayat MLAs ministers.

"You cannot threaten me saying your sub-sect (Veera Shaiva) community would not support the BJP in the next assembly or Lok Saba elections, due in 2023 and 2024," retorted Yediyurappa, reasserting his status as the community's strongman in the state.

In the second cabinet expansion, only 10 newly elected legislators who defected from the Congress and the Janata Dal-Secular (JD-S) were made ministers, leaving 6 posts vacant in the 34-member ministry.

In the first cabinet expansion on August 20, 2019, 17 party legislators were made ministers. Nirani and others, who were present on the dais, pacified Yediyurappa to take his seat and requested the seer to avoid making political speech on such occasions.

"The chief minister threatened to resign than succumb to pressures from religious or community followers," a party official told media.

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News Network
March 3,2020

New Delhi, Mar 3: Bharatiya Janata Party leader Kapil Mishra, who instigated violence in northeast Delhi by provoking mobs, has now been provided with 24x7 security. After he claimed threat to his life, he has been provided with “Y” category security — which entitles him to six security personnel round-the-clock to guard him in and outside the city.

He had fought the 2020 Delhi Assembly elections by giving inflammatory remarks around the anti-Citizenship Amendment Act in Shaheen Bagh, and lost to Aam Aadmi Party candidate. But he continued to issue provocative remarks.

While there is clear evidence of his scandalous statements just a day before the violence was unleashed on Muslims in Delhi last week where around 50 people were killed, no action has been taken against him so far. Instead, he is being treated as a hero in his party.

As per sources, Mishra complained that he got life threats over the past week in wake of the violence and based on his request, the Delhi Police has provided the security cover.

Mishra had taken to social media platform Twitter and alleged that he was receiving threats via WhatsApp, Twitter and Facebook, from Indian and foreign accounts.

“I am constantly being threatened with murder on the phone, on WhatsApp, on email. Hundreds of threats are being given continuously from the country and abroad. I don’t fear this hate campaign against me,” he had said on Twitter on March 1.

Mishra had on February 23 made an incendiary speech, following which North-East Delhi witnessed anti-Muslim violence.

The Supreme Court of India on Monday said it will on Wednesday (March 4) hear a plea that sought immediate FIRs against Kapil Mishra, Union Minister of State for Finance Anurag Thakur and other leaders for their recent hate speech, which allegedly triggered the violence in Delhi. The plea was filed by Delhi violence survivors.

The apex court bench, comprising Chief Justice SA Bobde, listed the matter for hearing after senior advocate Colin Gonsalves, who is appearing on behalf of the survivors told the SC that the Delhi High Court had last week adjourned the matter for six weeks even as “people are dying every day”.

Comments

Indian
 - 
Wednesday, 4 Mar 2020

Y security ?  Why security for this criminal & anti national ? 

ABDUL AZIZ
 - 
Tuesday, 3 Mar 2020

Allah Almighty knows what to do with you in this world and the world after . no one can escape from him. ALLAH ALMIGHTY S   is always greatest.

 

killing innocents is not a bravery , its game of cowards. remember

 

Kannadiga
 - 
Tuesday, 3 Mar 2020

As usual now he will be inducted as Minister.

fairman
 - 
Tuesday, 3 Mar 2020

He himself has dug his grave

Indian Army
 - 
Tuesday, 3 Mar 2020

how many years you hold security and hide in rat hole.....

your hatred killed 50 innocent people....your son must be proud that you given good future for him.

 

If one plays with others blood then he must end with his own blood.

ayes p.
 - 
Tuesday, 3 Mar 2020

Quote" i dont fear this hate campaign against me" Unquote. Then why Y security.

 

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