Bengaluru: Assembly Speaker's words and actions baffle legal luminaries


Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Jul 10: Legal experts have expressed surprise about the words spoken and actions taken by state assembly Speaker K R Ramesh Kumar on the issue of resignations tendered by 14 legislators belonging to both the Congress and the JD(S),

Former advocate general, Ashok Harnahalli, in his analysis of the situation, felt that the words used and behaviour shown by the Speaker on Tuesday relating to these resignations were unnecessary, unwarranted, and beyond the purview of the Speaker's powers.

He noted that the Speaker, who found that resignation letters submitted by eight MLAs were not in order, has failed to explain how and in what context he considers them as not in order. He also said he fails to understand why the Speaker has called each of the five MLAs whose resignations were found by him to be in order, separately one per day. "The Speaker claims himself to be very transparent, and as such, he should have made public the documents submitted by the legislators, complaints received against them, pleas etc as he claims them to be public documents.


Speaker Ramesh Kumar

Some other legal experts said that when a legislator submits his resignation, the Speaker's duty is just to check whether it is in tune with law and constitution, and whether it was submitted out of the person's own volition or under duress. He also has to check whether there was any lure or force for the legislator to do so and whether the resignation letter is fake. Once these are verified, the Speaker has to accept the resignation. The experts believe that holding hearing, giving importance to petitions filed by the general public etc do not conform to the law.

As the Speaker appears to be partial, the opposition can move no confidence motion against the Speaker and deputy Speaker. As the government has lost the majority support, the governor can ask the chief minister to prove his majority. If the Speaker fails to appear for the hearing the opposition parties can complain to the governor, seeking to dismiss the government. The government in such a case may feel that a constitutional crisis has arisen and recommend to the centre to dismiss the government, they say.

In addition to Ashok Harnahalli, former advocate general B V Acharya, and Supreme Court advocate K V Dhanjajya, have asserted that the Speaker is delaying the issue unnecessarily and that the Speaker does not have the right to override the resignation letter that is given out of one's own will.

  

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Comment on this article

  • NN, NN

    Wed, Jul 10 2019

    A question has to be decided by the SC whether or not an elected representative to a particular political party can change his allegiance to another party by betraying the voters. Is it proper in democracy? Voters rights are important.

    DisAgree Agree Reply Report Abuse

  • Rathan, Mangalore

    Wed, Jul 10 2019

    NN
    It is the duty of RPI Act which decides the MLA or MP switching side

    DisAgree Agree Reply Report Abuse

  • NN, NN

    Thu, Jul 11 2019

    Rathan, thanks for clarifying. I don't think anyone has challenged this Act in SC. For me, it is undemocratic.

    DisAgree Agree Reply Report Abuse

  • abdul, udupi

    Wed, Jul 10 2019

    good job ramesh sir. Keep the yeddy people still on the side track and torture them as far as possible. Dirty wolves should be taught a lesson. Drag this issue as far as possible and frustrate the saffron chaddis.

    DisAgree [20] Agree [8] Reply Report Abuse

  • jr, Mangalore

    Wed, Jul 10 2019

    KARNATAKA VOTER HAS OUT RIGHTLY REJECTED THE ALLIANCE OF TWO FAMILY PARTIES. BUT STILL THESE TWO ARE STICKING TO EACH OTHER.
    SPEAKER IS A PUPPET IN THE HANDS OF THESE OPPORTUNISTS. LIKE MMS AND THEN TOTALLY FINISHED AT THE CENTRE.

    DisAgree [11] Agree [18] Reply Report Abuse

  • Nicholas, Canada

    Wed, Jul 10 2019

    Jr,Mangalore
    Where were your comments when Goa government which was rejected by people was sworn,When there was no CM present for couple of months etc.All parties are same like differnt face of same coin fooling peoplefor gain of money.

    DisAgree [1] Agree [1] Reply Report Abuse

  • kumara, abu dhabi

    Wed, Jul 10 2019

    will they get salary for all the nataka days?????????/, who is paying for the meetings and eatings conducted in 5 star hotels?,

    DisAgree [2] Agree [14] Reply Report Abuse

  • Shetty, Mangalore

    Wed, Jul 10 2019

    Just a matter of a day. Tomorrow Supreme Court will give this speaker mouthful and he will fall in line..

    DisAgree [7] Agree [20] Reply Report Abuse

  • MN, Mangalore

    Wed, Jul 10 2019

    What is the compulsion/pressure on the speaker, he seems to be lost the way ?

    DisAgree [1] Agree [12] Reply Report Abuse

  • GD, Udupi

    Wed, Jul 10 2019

    All parties are the same. Seek votes and loiter around as a horse, so the word Horse trading is perfect, they carry out in the assembly. These are not humans. Fighting for taxpayers money. Might have to consider going to vote.

    DisAgree [1] Agree [18] Reply Report Abuse

  • Krishna, Udupi

    Wed, Jul 10 2019

    is there any format in Constitution to submit resignation?

    also i feel its not Speakers duty to consult general public before accepting or rejecting ones resignation.

    Ramesh Kumar was names for fair decision, but end of career spoiling the image earned from decade.

    if the resignation is not in line with constitution, let him reject instead of dragging till 21st July which is 11 more day from here.

    Now speaker will face the heat tooo

    i hope HDD is still remember when he order dissolution of Gujarath Govt despite having majority while he was PM for some time.

    DisAgree [10] Agree [15] Reply Report Abuse

  • Niranjan Baba, Someshwara

    Wed, Jul 10 2019

    Speaker is in doldrums...due to wrong calculation. He will now face wrath from governor.

    DisAgree [16] Agree [24] Reply Report Abuse


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Title : Bengaluru: Assembly Speaker's words and actions baffle legal luminaries


 
 
 
 

 
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