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.