Thread by @barandbench

Karnataka HC hears a batch of pleas challenging induction of 3 members of State Legislative Council into Cabinet of Ministers.

#MLCelection
#MLC

Advocate General Prabhuling Navadgi is making submissions on behalf of the State (in person)

#MLC
#Cabinet

Navadgi: Allegations are quite scandalous.

Navadgi: Governor need not be a party. He also submits that certain adjectives in the petition are quite scandalous.

Advocate Prashant Bhushan informs that such adjectives will be expunged and that governor need not be made a party. He states thay AOR will file amendment appl.

Navadgi: Disqualification for member of Legislative Assembly is provided under Art 191 of Constitution. Art 173 deals with qualification of membership.

Navadgi now reads the said provisions.

Navadgi now relies on Art 361 (Protection of President and Governors and Rajpramukhs).

Bench: Notice was never issued to Governor in the plea.

HC: The main argument is that certain MLCs were disqualified and therefore, they cannot be inducted to the Cabinet.

Navadgi makes its submissions.

-The petition is premature.

- There cannot be an injunction against the Governor stating that he cannot affirm oath to a certain person as minister.

Counsel for one of the Resp begins submissions.

Senior Advocate Ashok Haranhalli refers to BR Kapoor's case.

He now reads out Articles 163 and 164.

Harana halli: Even before the Governor, who is a high functionary, applies his mind, can a plea be filed before the Court?

Ofcourse, if he does not do it, Court can always interfere.

Session comes to an end for today.

Bench proposes to finish hearing the submissions on the next day and posts matter for tomorrow, at 2:30 pm.