Two independent MLAs move SC seeking floor test to be done by tomorrow

21 July,2019 08:10 PM IST |   |  ANI

The petition moved through advocate Diksha Rai has sought the enforcement of their fundamental rights under Articles 14 and 21 of the Constitution, which the petitioners allege are being violated with impunity

Supreme Court


Two independent Karnataka MLAs on Sunday moved the Supreme Court seeking a direction to conclude a floor test in the state Assembly on Monday before 5 pm.

Two lawmakers - H Nagesh and R Shankar -- have made Karnataka Assembly Speaker K R Ramesh Kumar, Chief Minister HD Kumaraswamy, and the Central government as the respondents in their petition.

The petition moved through advocate Diksha Rai has sought the enforcement of their fundamental rights under Articles 14 and 21 of the Constitution, which the petitioners allege are being "violated with impunity".

The petitioners have submitted that a minority government, which does not have the confidence of the majority, is being allowed to continue in office.

"It is submitted that the actions of the respondents are leading to a Constitutional crisis in the state of Karnataka," the plea stated.

"The intention of the government is to delay the trust vote and indulge in horse-trading and defections from the BJP in the meanwhile," the plea submitted.

"It is submitted that this court may be pleased to intervene to uphold the rule of law and constitutional democracy," said the petition.

The independent MLAs have stated that "irreparable harm and injury" will be caused to them if the interim relief prayed for is not granted by the court.

On July 19, the Karnataka Assembly failed to meet two deadlines set by Governor Vajubhai Vala to complete the trust vote, after Chief Minister HD Kumaraswamy challenged the directive.

The trust vote is now scheduled for Monday.

The 13-month-old Congress-JDS government slumped into a minority earlier this month following the resignations of 16 dissident MLAs from the cabinet.

The state Assembly has 225 members, including one nominated MLA. The halfway mark in the 225-member Assembly is 113.

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