SC permits 2 Independent K'taka MLAs to withdraw plea for immediate floor test

The Supreme Court on Thursday allowed two Independent MLAs from Karnataka to withdraw their plea seeking a direction to the assembly speaker to conduct "forthwith" a floor test on the H D Kumaraswamy government's trust move.

A bench headed by Chief Justice Ranjan Gogoi took note of the submissions of the senior lawyers representing Speaker K R Ramesh Kumar and Kumaraswamy that they have no objection to the withdrawal of the petition.

The bench comprising Justices Deepak Gupta and Aniruddha Bose then allowed the counsel for MLAs R Shankar and H Nagesh to withdraw the plea on the ground that it has become infructuous after Tuesday evening's floor test.

The Congress-JD(S) coalition government in Karnataka headed by Kumaraswamy collapsed with 99 members voting for the motion and 105 against it in a House with an effective strength of 205 members.

The apex court expressed displeasure over the senior lawyers not appearing before it for seeking withdrawal of the plea.

"When you want an urgent listing, you come before us night, day or midnight. But when the court wants a counsel, he chooses not to appear," the bench observed.

On Wednesday, the top court sought the presence of senior lawyers Mukul Rohatgi and A M Singhvi, who represented the lawmakers and the Speaker, respectively, for passing the order allowing withdrawal of the plea.

The Independent MLAs had moved the apex court, saying the state has plunged into political crisis after they withdrew their support to the JD(S)-Congress government and 16 lawmakers of the ruling coalition tendered their resignations.

The legislators accused the government of taking advantage of the logjam and making several executive decisions like transferring of police officers, IAS officers and other officials.

Their petition was filed after Kumaraswamy and Karnataka state Congress president Dinesh Gundu Rao moved the top court, accusing Governor Vajubhai Vala of interfering with assembly proceedings during the debate on trust vote.