Thread by @barandbench

#KarnatakaMLAs: Sajan Poovayya making submissions

#KarnatakaMLAs: This Court had directed not to touch on disqualification, decide on resignation, Sajan Poovayya.

#KarnatakaMLAs: The Court had asked Speaker to decide the issue of resignation only.

He could not have disqualified me, whatever be his Constitutional authority since there was a peremptory order of Your Lordships, Sajan Poovayya.

#KarnatakaMLAs: If he wanted to go ahead and decide on disqualification, he should have sought a clarification from Your Lordships since I was protected by Your Lordships order, Poovayya concludes.

#KarnatakMLAs: V Giri commences arguments on behalf of another disqualified MLA.

Disqualification application was filed on July 21. I am asked to appear on July 24, Giri.

#KarnatakaMLAs: Why should seven days not be given to me? Moreover, notice was given to me on July 27 asking me to appear on July 24, V Giri.

#KarnatakaMLAs: Therefore, the contents of the disqualification petition came to my knowledge only on July 27, Giri.

#KarnatakaMLAs: The order passed by Speaker cannot be interfered with on procedural irregularities but it can be interfered with on the ground of violation of natural justice, V Giri.

#KarnatakaMLAs: What was the unnecessary hurry to decide the disqualification petition against me in my absence, V Giri.

#KarnatakaMLAs: V Giri concludes his submissions.

#KarnatakaMLAs: Solicitor General Tushar Mehta tells court that the new Speaker has no difficulty in hearing aggreived MLAs and taking a fresh call.

He also clarifies that it is his argument and wont bind the Speaker.

#KarnatakaMLAs: Senior Advocate Rajeev Dhavan begins arguments.

Are resignation and disqualification in two compartments, asks Dhavan.

#KarnatakaMLAs: Can Speaker ignore material before him which makes it obvious that something is wrong with the resignation given to him? Dhavan.

#KarnatakaMLAs: They argue that motive of resignation cannot he gone into.

Motive can be gone into by Speaker is my argument, Dhavan.

#KarnatakaMLAs: Sundaram's argument that "genuine" only means inquiry into whether resignation letter is forged or not, is strange, submits Dhavan.

#KarnatakaMLAs: Resignation is a privilege granted (to MLA) subject to Speaker's call.

This whole case is about motive. Voluntary here means no pressure or inducement, Dhavan.

#KarnatakaMLAs: Dhavan submits Judicial review of Speaker's decision is limited to grounds of perversity, mala fide and violation of natural justice.

#KarnatakaMLAs: Is the Speaker to be dragged into this court when there is an alternate remedy under A. 226, Dhavan.

#KarnatakaMLAs: Is your case that when Speaker passes an order under Article 190, he is not an authority under Article 12, Justice Sanjiv Khanna to Rajeev Dhavan.

Yes, Legislature will be but not Speaker, responds Dhavan.

#KarnatakaMLAs: Rajeev Dhavan continues his arguments.

#KarnatakaMLAs: Defection the single biggest evil in elections, Dhavan.

#KarnatakaMLAs: The Governor cannot advise Speaker to take decision on resignation letters of MLA, Rajeev Dhavan.

#KarnatakaMLAs: Anybody who reads news paper knew what was going on in Karnataka. There is no point pretending otherwise, Dhavan.

#KarnatakaMLAs: Dhavan arguing that resignation and disqualification cannot be compartmentalised, both related in this case.

#KarnatakaMLAs: The entire object of sequencing by the MLAs by asserting that resignation should be dealt with first is to make disqualification infructuous, Rajeev Dhavan.

#KarnatakaMLAs: Forget this case. Let us take a genuine case where an MLA feels that he cannot agree with the ruling party but supports the stance of opposition, what can he do, asks Rajeev Dhavan.

#KarnatakaMLAs: It has to be fact specific. Am I in my argument removing the conscientious politician? No.

We are not dealing with the same set of facts, Dhavan.

#KarnatakaMLAs: Dhavan citing precedents to buttress his arguments.

#KarnatakaMLAs: Rajeev Dhavan setting out events of how disqualified MLAs absented themselves from party meetings and were seen in hotels hobnobbing with BJP leaders.

#KarnatakaMLAs: Rajeev Dhavan concludes his arguments; Matter to be taken up tomorrow after Miscellaneous board. Kapil Sibal to argue tomorrow.

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