Karantaka Congress moves Supreme Court to reconsider July 17 order

New Delhi, Jul 19 (IANS): Karnataka Congress President Dinesh Gundu Rao on Friday moved the Supreme Court challenging its July 17 order which permitted 15 dissident MLAs of the Congress and JD-S to opt out of Assembly session.

The Congress claims that the apex court order has whittled down its power to issue a whip, which is guaranteed under the 10th Schedule of the Constitution.

The Congress leader said in his petition that "as a result of the order dated July 17, the constitutional rights of the Applicant (Congress) under the 10th Schedule are vitally affected and as such the instant application is being moved".

Dinesh Gundu Rao

The Congress contends that the court order had been passed without even arraying the Congress Legislature Party which presently has 79 members.

Defending its stand challenging the court order, the Congress said that under the 10th Schedule, a political party has a constitutional right to issue a whip to its legislators.

"The exercise of this right under the Constitution is not circumscribed by any condition nor can it be subject to any restrictive orders from the court even prior to the issuance of the whip," said the petition.

Karnataka is facing a political crisis with several Congress and Janata Dal-Secular MLAs resigning from the House or joining hands with the BJP in a bid to pull down the government of Chief Minister H D Kumaraswamy.



Comment on this article

  • Vincent Rodrigues, Katapadi/Bangaluru

    Sat, Jul 20 2019

    Good to go to the court to clarify the confusion in the judgment given if any.

    DisAgree Agree Reply Report Abuse

  • Imtiaz Ahmed, Mangalore

    Fri, Jul 19 2019

    Defection should be banned. Defection is betraying the voters.

    DisAgree [2] Agree [3] Reply Report Abuse

  • SmR, Karkala

    Fri, Jul 19 2019

    It is wise to move by Congress to challenge the verdict against the constitution.

    The party must ensure that same bench who had given the verdict for MLA's resignation is not hearing it again.
    The bench independent bench should be set up who upholds the value of the democracy of India.

    It seems Chief Justice of India Ranjan Gogi who revolted earlier against his predecessor, now threatened with 'Me too' allegation to favor the verdict towards BJP.

    We Kannadigas want an end to 'Defection' regardless of any party. If the Supreme Court of India can't consider the mandate of voters and openly encourage defections, Do India need expensive elections?
    The Congress party should also challenge Goa defection in the Supreme Court. The Supreme Court should not be the unjust one ruling for Uttarkhand another for Karnataka.
    Jai Hind

    DisAgree [4] Agree [10] Reply Report Abuse

  • Chowkidar Chor Hai!, Mangalore

    Fri, Jul 19 2019

    Hopefully sese will prevail on chief justice gogya pasha!

    DisAgree [1] Agree [4] Reply Report Abuse


Title : Karantaka Congress moves Supreme Court to reconsider July 17 order


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