Archives for 2019

Pramesh Jain

Karnataka Speaker,KR Ramesh Kumar Disqualifies Independent MLA R Shankar, two Congress rebels,

Highlights: 
* The political crisis has put the speaker KR Ramesh Kumar not only in the limelight, but also on the “horns of a dilemma.
* I have been sitting on a hot seat here.You people will not understand my problem,” Kumar claimed, while trying to highlight his predicament.
* Karnataka Speaker Ramesh Kumar disqualified three MLAs R Shankar, Ramesh Jarkiholi and Mahesh Kumathalli under 10th schedule.They cannot contest elections till 2023.
* Independent MLA,R Shankar who is even called as (Pendulum Shankar) has been disqualified by Karnataka Speaker for five year ie; this term of assembly till 2023.
* Congress MLAs Ramesh Jharkiholi and Mahesh Kumathalli also disqualified till the end of this 15th assembly ie; 2023. 
* Closed chapter: Karnataka Speaker:
Stating that there was no more option for MLAs to appear before him, he said that process was over.I had called them and they did not come,their lawyers had come and have said what they had to,it is a closed chapter,he added.Not specifying on the next course of action,Kumar inresponse to a question said, when MLAs resign according to article 190 (3)(b) and 35th amendment to the Constitution, the Speaker can call them for inquiry.I had called, they did not appear, that’s all,” he said.
* Speaker disqualifies independent MLA R Shankar from Ranebennur seat:
Addressing the media, Karnataka Speaker Ramesh Kumar said independent MLA R Shankar has been disqualified from Ranebennur constituency.
* 2 Congress rebel MLAs disqualified
The Speaker also disqualified rebel Congress MLAs Ramesh Jarkiholi from Gokak (Belagavi) and Mahesh Kumathalli from Athani (Belgaum)  “with effect from now till the expiry of the 15th legislative assembly of Karnataka”.
Disqualified members cannot contest or get elected till end of term’:
Resignation is a respectable terminology, disqualification is admonishing,The Speaker said that the cases of 14 other rebel MLAs will be decided in the next couple of days.Disqualified members under the anti-defection law cannot contest or get elected till the end of the term of the house, he said.
Assembly should resume within 38 hours’: Karnataka Speaker:
Responding to a question on BJP meeting him,Ramesh Kumar said,they had come today date is 25 (July), by 31st if we don’t pass the Finance bill government will come to a standstill and we will not be in a position to even pay salaries,such a necessity has come,what to do?”i have said, as soon as the government is formed and whenever those forming the government say the assembly should be convened, within 48 hours we will call a session so that the work can go on.

“Suspense on govt formation mounts with all eyes on Speaker’s decision on rebel MLAs”.

Karnataka Assembly Speaker KR Ramesh Kumar on Thursday disqualified three rebel MLAs,who withdrew support from the Congress-Janata Dal (Secular) coalition government.This came two days after the coalition lost the floor test in the Assembly.
Speaker KR Ramesh Kumar briefing media persons who called for a emergency press conference at his office addressing the media persons he said the Congress MLAs,R Shankar,Ramesh Jarkiholi and Mahesh Kumathahalli were disqualified from the Assembly till the completion of its tenure,the Speaker told reporters.Ramesh Jarkiholi and Mahesh Kumathahalli have incurred disqualification from being members of the Karnataka Legislative Assembly in terms of 2 (1) (A) of the schedule X.Both the respondents cease to be members of the Karnataka Legislative assembly from this date till the expiry of the term of this assembly.While disqualifying Shankar,the speaker had said that he was looking at the complaints against legislators who had resigned.I have issues related to 17 MLAs with me, in which two are for disqualification and 15 of resignation, for which their party leaders expect disqualification too.The Speaker said Shankar had merged his Karnataka Pragnyavantha Janatha Party with the Congress in June this year, following which Kumar had notified on June 20 that he should be considered as a Congress MLA.On July 8th, he gave his resignation after which he wrote to me and the Governor that he will support BJP unequivocally said Kumar. He said that Congress leader Siddaramaiah had filed a complaint against Shankar.Kumar said the rebel lawmaker would now no longer be a member of the 15th Legislative Assembly till its expiry in 2023.He said that resignation was a respectable terminology while disqualification was admonishing,emphasising that the anti-defection law could not be used as a monstrous law.No by-election nothing will work.This (Speaker’s office) is a quasi-judicial body, Kumar said,adding,I know these matters will go to the court.On the remaining 14 cases,he said he is holding them back and it would require a couple of days for him to give his verdict.Kumar said he first decided on the resignation,rejecting them as they were not voluntary and genuine based on circumstances and thereafter dealt with disqualification after considering evidences and other orders.Asked if the same yardstick would be used against other rebel MLAs,he said,Wait and see.It is a hypothetical question,Kumar said, when asked whether the remaining MLAs could still come around and withdraw their resignation.It is the responsibility of all political parties that such impasse doesn’t continue and constitutional crisis is not created and to see that the finance bill is passed,Kumar said.The speaker had earlier said that if the Finance bill was not passed by July 31, the government will come to a standstill and we will not be in a position to even pay salaries, such a necessity has come, what to do?Asked if the Finance Bill can be passed by a presidential order if the government is not formed by July 31, he said it cannot be done and either the suspension of the Assembly or President’s rule will have to be imposed he added.
Rebel Congress MLA,Shivaram Hebbar, who returned home from Mumbai,where the disgruntled lawmakers were holed up, expressed confidence that the speaker who is a senior and experienced person will take right decision on their resignations.
The Speaker’s decision on the disqualifications and resignations will be crucial in view of the numbers in the house and the formation of the next government. In case the BJP does not choose to form a minority government, the state can go under President’s Rule he added.
The coalition government of the Congress and HD Kumaraswamy’s Janata Dal Secular had come to power in May last year and the next election is due in 2023.
Mr Ramesh has been under pressure since the resignations started earlier this month and the BJP demanded a test of strength in the assembly. The coalition government, which had been hoping for reprieve from the Supreme Court, had been bent on delaying the trust vote, the BJP alleged.
The 14-month-old ruling coalition government of Congress and Janata Dal (Secular) had failed to prove its majority in a trust vote on Tuesday.The coalition lost the floor test after 99 MLAs voted in favour of it, but 105 legislators voted against it. Soon after, Chief Minister HD Kumaraswamy met Governor Vajubhai Vala to submit his resignation.
State Bharatiya Janata Party President BS Yeddyurappa was expected to stake claim to form government immediately.A day after the floor test,he said he was awaiting instructions from the central leadership. Meanwhile,a delegation of leaders from the Karnataka unit of the BJP reached New Delhi on Thursday to meet party chief Amit Shah and Working President JP Nadda to discuss the political situation in the state.
If the Speaker does not accept their resignation,the lawmakers would remain members of the assembly and majority mark will remain high.Today’s disqualifications bring down the strength of the House to 221, and the majority mark slides to 112.
The BJP, which currently has 105 members,is not inclined to form a minority government, party spokesman G Madhusudan told media persons.He even said If the Speaker takes longer time to accept or reject the resignations of the rebels, the Governor (Vajubhai Vala) may recommend President’s rule in the state, as we will not like to stake claim to power in such a situation,G Madhusudan said.
If the resignations of the rebel lawmakers are accepted, the strength of the house comes down to 105. But till the rebels are re-elected as BJP legislators, the BJP will be compelled to run a minority government.
Meanwhile,as it looked to the central leadership to take a shot at government formation, the BJP camp here was devoid of any major activity barring internal meetings held by party state unit chief BS Yeddyurappa,who is waiting in the wings for a fourth term as Chief Minister.
A group of Karnataka BJP leaders, including Jagdish Shettar,Arvind Limbavali,JC Madhuswamy,Basavaraj Bommai and Yeddyurappa’s son Vijayendra,met party chief Amit Shah in New Delhi and reportedly discussed government formation.
The Supreme Court, meanwhile, allowed two independent MLAs to withdraw their plea seeking a direction to the assembly Speaker to conduct “forthwith” a floor test on the H D Kumaraswamy government’s trust move.