Governor cannot dictate Assembly proceedings: CM Kumaraswamy tells SC
New Delhi, Jul 19: Karnataka Chief Minister H D Kumaraswamy moved the Supreme Court Friday saying that Governor Vajubhai Vala cannot dictate to the Assembly the manner in which the debate on the confidence motion has to be taken up.
The Chief Minister questioned the deadlines set by the Governor one after another to complete the trust vote, and also sought clarification on the apex court's July 17 order which said that the 15 rebel MLAs cannot be compelled to attend the proceedings of the House.
Kumaraswamy said in his plea that the Governor sent a communication Thursday directing that the confidence motion and the trust vote should be held before 1:30 pm on Friday.
"It is respectfully submitted that no such direction could have been issued by the Governor when the confidence motion has already been initiated. The debates on the motion are currently ongoing and the House is in seisin of the confidence motion," the plea said.
It said Karnataka Assembly Speaker K R Ramesh Kumar has also opined that the trust vote will take place only at the end of the debate.
"In these circumstances the Governor cannot dictate to the House the manner in which the debate of the confidence motion has to be taken up," the plea said.
Kumaraswamy said he had written to the Governor on Friday informing him that the House was already considering the confidence motion and the debates are currently going on.
He said the Governor has sent another communication that the trust vote should be held before 6 pm on Friday.
"The directions of the Governor are completely contrary to the well settled law laid down by this Court in relation to the Governors powers. The directions of the Governor are ex-facie in contravention of the judgment of this Court," the plea said.
It contended that any interpretation of the July 17 order which "whittles down" the power of a political party to issue a whip to its legislators would be in the teeth of the provisions of the Tenth Schedule of the Constitution and the judgment of the constitution bench of the court.
Kumaraswamy said a political party under the Tenth Schedule has a constitutional right to issue a whip to its legislators.
"The exercise of this right under the Constitution is not circumscribed by any condition nor can it be subject to any restrictive quia timet orders even prior to the issuance of the whip. More importantly, any enquiry for the purposes of the Tenth Schedule is a proceeding of the Legislature of the State within the meaning of Article 212 of the Constitution," the plea said.
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Petrol pump worker killed as SUV hits motorcycle head-on in Gurugram
Gurugram (PTI): A petrol pump worker died after an SUV rammed into his motorcycle in the Sushant Lok area here, police said on Thursday.
The accused driver fled the scene, leaving the vehicle after the accident. An FIR has been registered at the Sushant Lok police station, they said.
According to police, the accident occurred on Wednesday afternoon when Mukesh was travelling from Sector 44 to Sushant Lok on Vyapar Kendra Road for some work.
Near Vyapar Kendra, a white Thar coming from the wrong side at high speed hit his motorcycle head-on, leaving him critically injured, they said.
The driver fled the scene, leaving the vehicle behind, police added.
Eyewitnesses claimed the vehicle had no number plates either at the front or rear.
Locals took Mukesh to a private hospital, where he died during treatment, police said. He was a resident of Rohta Patti in Palwal and worked at a petrol pump in Sector 44.
An FIR was registered against the unidentified driver, based on a complaint lodged by his brother Ashok. The body was handed over to the family after a post-mortem on Thursday, police said.
“The Thar vehicle has been seized from the spot. CCTV footage from the area is being examined, and the driver will be arrested soon,” a Gurugram police spokesperson said.
