Resignation of Rebel MLAs: Karnataka Speaker moves Supreme Court

Hours after the Supreme Court passed an ex-parte order against him, the Speaker of Karnataka State Assembly has moved the Supreme Court seeking recall of the order..In his application filed through advocate Sneha Ravi Iyer, the Speaker has stated that he got to know of the Supreme Court order through electronic media..He has placed heavy reliance on the proviso to Article 190(1)(b) which contemplates an enquiry for ascertaining whether resignation is voluntary and genuine..It is only after such an enquiry that the Speaker can take a call on the resignation. As per the Statement of objects and reasons to the Constitution 33rd Amendment, 1974, the Speaker should not accept the resignation unless he is satisfied that the resignation is voluntary and genuine, the application states..Further, the Speaker has stated that disqualification proceedings are pending against some rebel MLAs as far back as February 2019. The Tenth Schedule casts a duty on the Speaker to decide the same..The legal consequences of disqualification and resignation are different. Under Article 164(1)(B) and 361(B) of the Constitution, an MLA disqualified under the Tenth Schedule cannot be inducted as a Minister or appointed to a remunerative post unless he/ she is reelected, the application points out..Importantly, the Speaker has submitted that no direction can be issued against him to take a decision under Article 190 in a particular manner..The matter was mentioned before CJI Ranjan Gogoi by Senior Advocates Abhishek Manu Singhvi and Devadatt Kamat who sought an urgent listing of the matter..The Bench, however, turned it down while stating that it will be heard tomorrow..Today morning, the Supreme Court had directed the Speaker of the Karnataka Legislative Assembly to decide on the resignation tendered by rebel Congress and JD(S) MLAs..The Court had allowed the rebel MLAs of the Congress and the JD(S) in Karnataka to appear before the Speaker of the Legislative Assembly at 6 pm today to tender their resignations. The Speaker was directed to decide on the resignations today itself..This order was passed in a petition by ten rebel MLAs of the Congress and the JD(S) in Karnataka who had approached the Supreme Court challenging the delay by the Speaker in accepting their resignations..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.