SC orders Karnataka floor test today
PICKING UP PACE Refuses to take up governor’s actions; lays down guidelines for vote; rejects request for secret ballot
The Supreme Court on Friday directed newly-appointed Karnataka chief minister BS Yedyurappa to prove his majority in the assembly at 4 pm on Saturday, cutting short the 15 days time given to him by the governor to 2.
A special bench of justices AK Sikri, SA Bobde and Ashok Bhushan ordered appointment of a pro-tem speaker to hold the floor test “as per the rules of the House.”
Late in the afternoon, governor Vajubhai Vala appointed BJP MLA KG Bopaiah as protem speaker.
The top court was hearing a petition filed by the CongressJanata Dal (Secular) combine, challenging the governor’s decision to call Yedyurappa-led BJP to form the government despite the two parties, who entered a post-poll alliance, submitting a letter to stake their claim.
The SC also directed the Karnataka director general of police (DGP) to ensure law and order outside the assembly during the floor test and barred Yedyurappa from taking any policy decision till the floor test is complete.
The court further directed that no one from the Anglo-Indian community be nominated as an MLA till the floor test is over.
The hearing continued for an hour in a packed courtroom number six, which was brimming with lawyers representing both sides.
Judges remarked that going by the Sarkaria Commission report, inviting the single largest party to form the government was not “illegal”. But, in view of existing circumstances, the court thought it would be fit to order the floor test “without any delay.”
The court rejected attorney general K K Venugopal’s request for a secret ballot during the floor test. Venugopal represented the Centre.
The Congress-JD-S’s plea to lay down norms on how voting should be done was also turned down by the court, which said voting would be held in accordance with the rules of the House. All MLAs shall take oath before 4 pm, the court said.
Although the BJP camp agreed to the floor test, its lawyer senior advocate Mukul Rohatgi questioned the urgency in holding it on Saturday and asked for a reasonable time.
“Why have it tomorrow? Why not on Monday? I have to get my flock together and also Congress-JD-S MLAs are not there. Even they need time to come,” Rohatgi urged the court.
But the judges were in no mood to delay the test.
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