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Rebel MLAs cannot be forced to attend the assembly: Mukul Rohatgi tells SC

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Karnataka’s ‘nataka’ continues as the Supreme Court is hearing the petition of 15 rebel MLAs of ruling Congress-Janata Dal (S), seeking action against Speaker KR Ramesh Kumar for deliberating delaying acceptance of their resignations.

Earlier, on July 12, 10 rebel Congress MLAs had filed a plea in the Apex Court. Post this, the court decided to examine the resignation letter issue and disqualification of the rebel MLAs on Tuesday. The court on Monday allowed five other MLAs to club their petition with ongoing case. The apex court had also asked the Karnataka speaker to maintain status quo on the issue.

Former attorney general, Mukul Rohatgi, who is representing the rebel MLAs, said that they must be accepted and that they could not be “forced to attend the assembly”. “He alleged that the Speaker was deliberately sitting on the resignations.

“When I don’t want to attend the assembly, can I be forced to do so? The Speaker is coercing (us) to continue, to sit and speak in a particular group of which we don’t want to be a part of,” Mr Rohatgi said on behalf of the dissident lawmakers. “This government is in a minority and that’s simple math,” he added.

Congress on its part, has been trying hard to communicate with the rebel MLAs. Congress trouble-shooter DK Shivakumar and other leaders tried to enter the hotel in Mumbai but were forced to stay away, by the Mumbai Police.

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Speaker KR Ramesh Kumar had told the court that he would need time to examine the resignation letters of the dissidents and determine whether they were coerced or voluntary. He also claimed that many of the rebel’s face disqualification from their parties. The court, which had asked for the Speaker’s decision by Wednesday night last week, had questioned whether the Speaker had the power to challenge its order.

The collation is taking the trust vote test on Thursday.

The BJP, which will have a majority if the resignations are accepted, says the coalition government must resign because it has “lost its moral authority to rule.”

Mukul Rohatgi told SC that resignation does not require any inquiry unless speaker has credible material that there is coercion.
CJI said, “We cannot be considering the decision on how the speaker is to decide on resignation or disqualification. We only have to see whether there is constitutional obligation on the speaker to decide disqualification or resignation one before the other.”

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