While hearing Congress, JD(S) petitions against decision to invite BJP to form Karnataka govt, SC said it’s preposterous to argue that MLAs before taking oath were not amenable to anti-defection law
Early on Thursday, the Supreme Court heard a Congress and Janata Dal (Secular) joint petition asking that the swearing-in of BJP leader BS Yeddyurappa as Karnataka’s new Chief Minister be postponed, among other prayers. The joint petition challenged Karnataka Governor Vajubhai Vala’s decision to invite Yeddyurappa to form a new government in the state despite having only 104 MLAs—eight short of a simple majority. The Congress and JD(S) post-poll alliance claims it has a majority of 116 members in the new assembly.
During the hearing, the apex court bench headed by Justice AK Sikri and also including Justices SA Bobde and Ashok Bhushan, made some caustic comments on Attorney General KK Venugopal’s claim that the anti-defection law did not apply to newly-elected MLAs, who had yet to take oath. The Attorney General is the main lawyer for the central government.
News website Bar and Bench reported the following exchange between Attorney General Venugopal and Justice AK Sikri. “Venugopal says defection law will not apply before taking of oath. Bench does not agree. "That is preposterous", says AK Sikri J”.
Please click here to read more.