SC refuses urgent hearing on plea by Independent K'taka MLAs for conclusion of floor test

The Supreme Court on Monday refused to grant an urgent hearing on a petition moved by two Independent Karnataka MLAs seeking a direction for concluding the floor test in the state Assembly before 5 pm today.

"We may consider taking up the matter tomorrow, but not today," a bench headed by Chief Justice Ranjan Gogoi said.

The plea was mentioned before the court by senior advocate and former Attorney General Mukul Rohatgi.

The two MLAs -- H Nagesh and R Shankar -- who withdrew support to the Congress-JD (S) government in Karnataka, have made state Assembly Speaker K R Ramesh Kumar, Chief Minister H D Kumaraswamy and the central government as respondents in their petition.The legislators have sought the enforcement of their fundamental rights under Articles 14 and 21 of the Constitution, which they alleged were being "violated with impunity".

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

"The actions of the respondents are leading to a constitutional crisis in the state of Karnataka," the plea moved through advocate Diksha Rai 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 contended.

"This court may be pleased to intervene to uphold the rule of law and constitutional democracy," it said.

The MLAs submitted 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 scheduled for today.

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

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