@INCKarnataka @BJP4Karnataka
@INCKarnataka @BJP4Karnataka
@INCKarnataka @BJP4Karnataka
I am saying I dont want to be an MLA. I don't want to defect. I want to go back to public and do whatever I want to do, Rohatgi argues.
That I am not acting in consonance with the Party, says Rohatgi.
And my case is even if there are disqualification proceedings, that cannot be a bar for resignation, Rohatgi contends.
@INCKarnataka @BJP4Karnataka
One important aspect being that on resignation, the MLA can join other party, contest by elections and become Minister.
The order which Your Lordships passed on the first day, asking Speaker to decide within a time frame, replies Rohtagi.
So court can issue order prescribing time frame to speaker, Rohatgi submits.
. 190 is for concerned MLA to appear before Speaker in person.
In this case, that has happened on July 11, says Singhvi.
@DrAMSinghvi says that it is factually wrong and Speaker has filed an affidavit to that effect that an appointment was not sought.
How can they resign and get rid of disqualification? asks Singhvi.
Yes, says Dr. Singhvi emphatically.
@DrAMSinghvi
That resignation is itself disqualification, since it is against Party's interests, submits Singhvi.
I am. I am in fact looking at both resignations and disqualification holistically. I am doing better, says Dr. Singhvi.
The discussion goes into Supreme Court's power to interfere with Speakers powers.
They are asking Your Lordships to interfere everywhere and do Speaker's job, he further submits.
CJI debuts saying Supreme Court interfered because Governor had given 15 days to BJP prove majority and SC felt that was incorrect.
Art. 190 cannot be argued in isolation, he says.
Rohatgi says Tenth Schedule is being invoked to defeat his right to resign.
Both are weighty issues and we need to balance it, CJI Ranjan Gogoi.
So a protem speaker was given directions, Singhvi.
Dr. Rajeev Dhavan to argue now in behalf of Chief Minister @hd_kumaraswamy
They have clearly said once resignations are accepted they will later become Ministers.
So that motive is what Speaker has to go into, submits Dhavan.
They flew to Bombay when they could have met the Speaker, Dhavan.
"CJI asked can they become Ministers and you said yes", Dhavan rephrasing his argument.
My right to resign and do what I want is being violated, Rohatgi.
Speaker has no mandate under Constitution to go into my mind to find out why I have resigned, submits Rohatgi.
@INCKarnataka @BJP4Karnataka @DKShivakumar @BSYBJP
@INCIndia @INCKarnataka
@DKShivakumar @BJP4India
barandbench.com/breaking-supre…