Thread by @barandbench

Karnatala MLAs disqualification case in Supreme Court: Senior Advocate Mukul Rohatgi making submissions.

We are only concerned now about judicial review of Speaker's decision.

Since case was filed before Speaker had decided, there was other issues as well. Those issues which had arisen before the Speaker took his decision have become academic now, Rohatgi.

#KarnatakaMLAs: A member of house has an indefeasible right to resign. The only excpetion to it is that there should be no coercion, no gun to his temple, Rohatgi.

#KarnatakaMLAs: The disqualification smacks of malafides, arbitrariness and in case violates the rule of seven days period to be allowed for reply, Rohatgi.

Even if the disqualification was valid, it will come to an end on fresh elections if I wish to contest. If I dont wish to contest, the disqualification will go on till 2023, Rohatgi.

#KarnatakaMLAs: Kapil Sibal and Rajeev Dhavan pressing that case involves Constitutional interpretation.

#KarnatakaMLAs: Bench inclined to hear arguments on merits, asks Rohatgi to continue.

#KarnatakaMLAs: Rohatgi brushing aside allegations of disqualified MLAs taking chartered flights to Mumbai etc.

"How are these relevant? In any case, those flights were taken after the resignation", says Rohatgi.

#KarnatakaMLAs: If a man has the guts to resign and go back to the electorate, then he should be allowed to, Rohatgi.

#KarnatakaMLAs: Motive of resignation not relevant as long as resignation is voluntary, Rohatgi.

#KarnatakaMLAs: Seven days period for giving reply is mandatory. If not mandatory, it is at least salutary, Rohatgi.

#KarnatakMLAs: Rohatgi concludes his arguments by saying that Article 32 petition will lie; Senior Adv. Aryama Sundaram now commences his arguments.

#KarnatakaMLAs: There is a fundamental difference between a man who is disqualified and a man who has resigned, Sundaram.

#KarnatakaMLAs: Sundaram citing Rules of Karnataka Assembly

#KarnatakaMLAs: A long winded inquiry under the Rules into the resignation is only for Speaker to find out voluntariness of the resignation, Sundaram.

#KarnatakaMLAs: Events which took place after resignation should not be taken into account, Sundaram.

#KarnatakaMLAs: Politics is my profession. Speaker's order effectively blacklists me from taking up my calling. It is not a mere disqualification but an imposition of punishment, Sundaram.

#KarnatakaMLAs: Sundaram concludes submissions. Senior Advocate AK Ganguli begins arguments.

#KarnatakaMLAs: Senior Adv. KV Viswanathan commences arguments.

#KarnatakaMLAs: Whole purpose of anti-defection is to penalise a person to give up membership of house so as to prevent the person from switching loyalty.

In our case, we have given up membership of house voluntarily, Viswanathan.

#KarnatakaMLAs: If the Speaker feels my resignation is not voluntary or genuine, he has to tell me the reasons for the same. He has not done that, Viswanathan.

#KarnatakaMLAs: Bench rises for the day.