Karnataka Speaker says SC cannot ask him to decide on resignations in ‘a particular manner’
By The Hindu 12-Jul-2019
The Speaker said the Supreme Court cannot ask him to decide on the issue of resignation of legislators in a particular manner. Mr. Kumar said the order also hinders his inquiry into the MLAs under the anti-defection law.
“No direction is contemplated against the Speaker to take a decision under Article 190 (vacation of seat by a legislator) in a particular manner. The order would also impede the duties of the Speaker under the Tenth Schedule of the Constitution,” the Speaker submitted.
The Speaker said the MLAs had suppressed the fact that disqualification proceedings was pending against them since February 11. The Tenth Schedule or anti-defection law casts a mandatory duty on the Speaker to decide on applications for disqualification. Thus, Speaker has to first inquire into whether the 10 MLAs concerned had incurred any reason for disqualification prior to the submission of their resignation letter on July 6.
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