The Hindu : Karnataka / Bangalore News : Decision on pleas against JD(S) MLAs unlikely now

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Saturday, Nov 17, 2007
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Decision on pleas against JD(S) MLAs unlikely now

S. Rajendran

Petitions against 46 MLAs to be heard today

Petitioners, respondents in all cases belong to one party
JD(S) to oppose move to replace Speaker Krishna

Bangalore: The four disqualification petitions pending against 46 Janata Dal (Secular) legislators will all be heard by Speaker of the Legislative Assembly Krishna on Saturday, but the case is not expected to disturb the formation of a full-fledged Government of the Bharatiya Janata Party-Janata Dal (Secular) combine or the floor test which the B.S. Yeddyurappa Government has to face on November 19.

Some of the constitutional experts, whose advice has been sought by the legislature secretariat, told The Hindu here that it would take time for a final order on the petitions. It all depends on the speed with which the Speaker hears the petitions and the arguments thereon and the cooperation extended to him by the advocates of the petitioners and the respondents. All the petitions relate to violation of the provisions of the anti-defection law.

Petitions

The petitions were made to the Speaker soon after the Janata Dal (Secular) joined hands with the BJP to form a coalition Government under the leadership of H.D. Kumaraswamy. The petitioners — G.V. Sreerama Reddy (CPI-M) , Vatal Nagaraj (Vatal Paksha ) and S. Rajendran (RPI) — have made two petitions, one against Mr. Kumaraswamy and the second against then Transport Minister N. Cheluvarayaswamy and 35 others. The third petition filed by the former Minister and Janata Dal (Secular) MLA D. Manjunath is against Siddaramaiah and eight others.

With Mr. Siddaramaiah having resigned from the Legislative Assembly and thereafter being re-elected on Congress ticket, his name no longer figures among the respondents in the case. The fourth petition filed by Janata Dal (Secular) MLA Muniswamappa is against the former minister and Janata Dal (Secular) MLA P.G.R. Sindhia.

Both the petitioners and the respondents in all these cases are legislators and most of them belong to one political party — the Janata Dal (Secular). Interestingly the Speaker too was elected to the legislative assembly on Janata Dal (Secular) ticket. With the former Prime Minister and president of the Janata Dal (Secular) H.D. Deve Gowda recently being made a party in the matter, the case has taken a new dimension. Mr. Deve Gowda had written to then Governor T.N. Chaturvedi in January 2006 seeking the disqualification of legislators.

In a related development, sources in the Janata Dal (Secular) told The Hindu that the attempts of the BJP, if any, to unseat the incumbent Speaker would be put down. It was mentioned that the BJP had proposed the name of Araga Jnanendra for the post of Speaker although it is common knowledge that the tenure of the Speaker is co-terminus with the term of the Legislative Assembly. It is quite obvious that with the election of a new Speaker, the present petitions relating to disqualification of legislators could also be disposed of without much ado.

Never in the history of the Karnataka legislature has a Speaker been unseated. Even a Motion of No-confidence against a Speaker has been tabled only twice and was never raised for a discussion leave alone voting. While the first such motion was tabled against S.D. Kothavale, who was Speaker between 1968 and 1972, the second was against the incumbent speaker Krishna when he turned down the demand for appointing some members in legislature committees. Only two Speakers resigned midway through their tenure — the speaker of the first Legislative Assembly P. Venkataramana and S.M. Krishna, who quit to join the M. Veerappa Moily Government as Deputy Chief Minister.

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