Top Court allows Karnataka Independent MLAs to withdraw plea filed seeking Floor Test

The Top Court on Wednesday allowed two Independent legislators from Karnataka to withdraw their plea filed early this week seeking floor test in the Assembly after Congress-JD(S) coalition government lost the trust vote, forcing CM HD Kumaraswamy to resign.

The Top Court bench headed by Chief Justice Ranjan Gogoi passed the order after the
two Independent lawmakers pleaded to withdraw it. During the hearing in the day, Chief Justice Ranjan Gogoi racked up Mukul Rohatgi, representing the rebels, for remain absent from the court on the second consecutive day.

Chief Justice Ranjan Gogoi said, ‘When the court wants counsel to be present, he (Mukul Rohatgi) is not present. But, when he wants an urgent listing he is present at 11 pm, wants midnight hearing at 2 am, 3 am and what not..’, as quoted by ANI.

The plea was filed by Independent legislators who earlier withdrew the support from Chief Minister HD Kumaraswamy.

Both the Independent Lawmakers – H Nagesh and R Shankar – made Chief Minister HD Kumaraswamy, Karnataka Assembly KR Ramesh Kumar, and the Union Government as respondents in the plea. The petition filed by two MLAs contended that the government, which does not have the number in the house, is being allowed to continue in the office.

Senior Advocate Rajeev Dhawan, representing Chief Minister HD Kumaraswamy, submitted before the court that he has no objection to the withdrawal of the petition.

Earlier on Wednesday, the Top Court said that it will pass appropriate order and dispose of the plea filed by two Independent MLAs seeking floor test, only in the presence of advocates of both the sides – Mukul Rohatgi representing rebels and Abhishek Manu Singhvi representing the Congress and the Assembly Speaker.

It came on the backdrop when the Chief Minister HD Kumaraswamy led coalition government on Tuesday fell after it suffered a defeat in the floor test of the assembly.

“Chief Minister Kumaraswamy has lost the floor test, as 99 votes were in favor of the confidence motion and 105 against it,” Assembly Speaker K.R. Ramesh Kumar told the members of the House after the trust vote.

With 20 MLAs defying the party whip and were absent for the floor test, the strength of the 225-member Karnataka Assembly was reduced to 204 with 103 as the halfway mark for a simple majority.



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