Sr Adv Sajjan Poovayya for Anand Singh from INC says while most MLAs resigned on July 6, he resigned independently on July 1.
"There are SC orders which state that speaker can be left to decide on issue of resignation, not disqualification" : Poovayya
If together, I prevail. If separate, they prevail: Dhavan
We must look at the chain of events on their malafide. We aren't interpreting grammar.
Violation of natural justice
RD- legislature is the authority, not speaker
Dhavan: A Governor can't ask the Speaker to decide letters of resignation given by MLAs
They say first deal with resignation. Why can't disqualification come before resignation? If I find something against you, I'll tell you. These two things need to be seen together. Their argument of this must come first is to make disqualification infructuous: RD
J Khanna:In a genuine case where person feels he can't agree with party in power, & sides with opposition. What will he do? Your argument would apply equally in that situation
RD:You speak of the conscientious politician. It must be decided as per facts of the case
We're at the stage of inquiry at the moment. Not ruling out the conscientious politician, but the closeness to events must be seen: Dhavan
Reiterates that the two aspects must be seen concurrently
Dhavan reading out judgements to support his arguments on issues related to the Speaker's powers, natural justice & that the converse argument (to that of MLAs) stating disqualification can be seen before resignation is also true
Dhavan submits statement of objections on behalf of erstwhile Chief Minister, HD Kumaraswamy