Two K'taka Independent MLAs to move SC seeking conduct of floor test: Lawyer

Two Independent MLAs, who withdrew support to the Congress-JD(S) government in Karnataka, are going to move the Supreme Court seeking a direction for conducting a floor test forthwith in the state Assembly, their lawyer said.

Independent MLAs R Shankar and H Nagesh said the state has plunged into a political crisis after they withdrew their support to the government and 16 lawmakers of the ruling coalition tendered their resignation.

Senior advocate Mukul Rohatagi, who is appearing for the two legislators, told PTI that he will mention the petition Monday morning before the top court for urgent listing.

In their petition, Shankar and Nagesh have sought direction to the H D Kumaraswamy-led government to hold the floor test on or before 5 pm on Monday, the lawyer said.

"It is submitted that the trust vote is not being conducted despite the government being in minority. It is submitted that a minority government, which does not have the confidence of the majority, is being allowed to continue in office," the Independent legislators said in their plea.

"The petitioners have been constrained to invoke the extraordinary jurisdiction of this court under Article 32 of the Constitution of India seeking a direction from this court to conduct a floor test forthwith in the Karnataka Assembly," according to the plea.

The Independent legislators said Karnataka Governor Vajubhai Vala had sent messages to the house under Article 175(2) of the Constitution asking for completion of vote of confidence, but the same were not adhered to and the trust vote debate continued unending.

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

"It is apprehended that the chief minister of Karnataka, who is heading the minority government, may make himself scarce from the proceedings on July 22, 2019. It has been reliably learnt that in a desperate attempt to avoid the trust vote, the chief minister of Karnataka may also rake up an emergent situation and use medical emergencies, including hospitalisation to avoid the trust vote," the plea said.

The Independent MLAs petition came two days after Karnataka Chief Minister Kumaraswamy and state Congress president Dinesh Gundu Rao moved the top court accusing Governor of interfering with the assembly's proceedings during the debate on trust vote.

Kumaraswamy and Rao had filed separate applications after the deadlines set by the governor to conclude the proceedings of the confidence motion were not met.

They had also sought a clarification of the July 17 order of the apex court by which the 15 rebel Congress-JD(S) MLAs were granted relief that they cannot be compelled to participate in the ongoing assembly proceedings.

All the petitions are moved at a time when the Karnataka Assembly is debating the confidence motion moved by Kumaraswamy.