Karnataka floor test HIGHLIGHTS: Monday will be last day for Kumaraswamy govt, says BS Yeddyurappa

The Karnataka Assembly was adjourned till Monday without taking up the voting on the motion of confidence moved by Chief Minister H D Kumaraswamy.

Speaker K R Ramesh Kumar adjourned the House after the Congress-JDS coalition governement ignored two deadlines set by Governor Vajubhai Vala to prove majority Friday itself.

Before adjourning, the speaker made it clear that finality would be put on the motion on Monday and the matter would not be prolonged further under any circumstances. PTI

No trust vote in Karnataka Assembly today as well. Speaker K R Ramesh Kumar adjourns assembly till 11 am on July 22 (Monday).

JUST IN | No #KarnatakaFloorTest /#KarnatakaTrustVote today as well. Speaker K R Ramesh Kumar adjourns assembly till 11 am on July 22 (Monday). @IndianExpress @IEBengaluru #KarnatakaPoliticalCrisis pic.twitter.com/jLx7McfdkG

— Ralph Alex Arakal (@ralpharakal) July 19, 2019

The political turmoil in Karnataka snowballed into a constitutional crisis on Friday with the teetering government being slapped with two consecutive deadlines from the state’s governor to prove its majority.

While the BJP leaders demanded state Chief Minister H D Kumaraswamy’s opinion on the governor’s directive, the CM moved the Supreme Court saying that Governor Vajubhai Vala cannot dictate the manner in which the debate on the confidence motion has to be taken up in the Assembly. In view of such turn of events in Karnataka, which were initially triggered by the resignation of 15 MLAs of the ruling Congress-JD(S) and two independents, talks of President’s Rule being imposed on the state are doing the rounds.

Article 356 of the Constitution of India empowers the President to withdraw from the Union the executive and legislative powers of any state “if he is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution”. READ MORE

Reiterating their demand to hold a floor test by end of the day, leader of opposition in Karnataka Assembly BS Yeddyruappa said, "Governor's letter sent today has mentioned that the vote should finish today. People on our side will sit peacefully even if it till late night. Let it take however long it takes, but we have to respect Governor's direction."

I come from the Maharashtra-Karnataka border. People have been mocking our state by labelling us Kar'Nataka': Lakshmi Hebbalkar, Belgaum rural MLA. #KarnatakaFloorTest #KarnatakaPoliticalCrisis @IndianExpress pic.twitter.com/2e0Lmz8t4r

— Ralph Alex Arakal (@ralpharakal) July 19, 2019

Karnataka Speaker KR Ramesh: "Want to inform SC, people & the House. No MLA has given me letter seeking protection and I don't know if they've written to govt. If they have informed any member that they have stayed away from House for security reasons then they're misleading people.

Karnataka Speaker KR Ramesh: Want to inform SC, people & the House. No MLA has given me letter seeking protection & I don't know if they've written to govt. If they have informed any member that they have stayed away from House for security reasons then they're misleading people pic.twitter.com/np75rlnj9x

— ANI (@ANI) July 19, 2019

Karnataka Assembly Speaker K R Ramesh Kumar Friday said no MLA has sought protection from him amid allegations by the Congress that rebel lawmakers were being held captive to bring down the government. The statement by the speaker in the assembly came after senior Congress leader H K Patil requested him to create an atmosphere conducive for the legislators who are holed up outside the city to attend the session.

"No one has come seeking protection... nor have their families come.. so the issue ends there," Kumar said. Senior Congress leader D K Shivakumar said he had been to Mumbai where the rebel MLAs are sequestered and according to his information, they were in "captivity and confinement".

The House, which missed the Governor's 1.30 pm deadline for the voting on the confidence motion, was also locked in a debate on when the trust vote process should be completed. (PTI)

Against the backdrop of political crisis in Karnataka, constitutional experts on Friday expressed divergent views on the power of a governor to issue directions to an assembly speaker. Former Lok Sabha Secretary General Subhash Kashyap said under Article 175 of the Constitution, the governor has "every right" to send a message to the House, and the legislature is duty-bound to take action on it with "all convenient dispatch" (at the earliest).

The constitutional expert said Article 168 makes it clear that the governor is part of the state legislature. But another former Lok Sabha secretary general P D T Acharya said in Karnataka's case, the state governor has "stretched" the definition of Article 175 of the Constitution.

"The Governor may send messages to the House or Houses of the Legislature of the state, whether with respect to a Bill then pending in the legislature or otherwise...," states the Article. Acharya said the "message" governor can send is with regard to bills only. "The words 'or otherwise' cannot be stretched regarding how the proceedings are held," he told PTI.

As the Karnataka governor gave two deadlines to the chief minister to prove his majority, a 2016 Supreme Court verdict assumes significance in which it had held that it is not within the governor's domain to interfere with the functions of the Speaker as he is "neither a guide, nor a mentor" to the latter.

In 2016, the apex court had held as unconstitutional the decision of Arunachal Pradesh Governor J P Rajkhowa to advance the floor test. Karnataka Governor Vajubhai Vala set two deadlines for the H D Kumaraswamy government to prove majority on the floor of the assembly by Friday.

A five-judge Constitution bench headed by the then CJI J S Khehar had restored the dismissed Congress government led by Nabam Tuki in Arunachal Pradesh and had dealt in details the power of the governor under the Constitution.

"It is not within his domain to interfere with the functions of the Speaker, as the Governor is neither a guide, nor a mentor to the Speaker and has no role whatsoever in the removal of Speaker or Deputy Speaker...Both the Governor and the Speaker have independent constitutional responsibilities," the bench had said. (PTI)

BJP legislators have urged Speaker Ramesh Kumar to hold a floor test on Friday itself "even if the clock ticks past 9 pm." The Opposition in the House has been keen on holding the floor test since Thursday morning and has been constantly alleging Congress-JD(S) leaders of "delaying the process".

Karnataka Chief Minister H D Kumaraswamy moved the Supreme Court Friday saying that Governor Vajubhai Vala cannot dictate to the Assembly the manner in which the debate on the confidence motion has to be taken up. The Chief Minister questioned the deadlines set by the Governor one after another to complete the trust vote, and also sought clarification on the apex court's July 17 order which said that the 15 rebel MLAs cannot be compelled to attend the proceedings of the House.

Kumaraswamy said in his plea that the Governor sent a communication Thursday directing that the confidence motion and the trust vote should be held before 1:30 pm on Friday.

"It is respectfully submitted that no such direction could have been issued by the Governor when the confidence motion has already been initiated. The debates on the motion are currently ongoing and the House is in seisin of the confidence motion," the plea said. (PTI)

"The Supreme Court's interim order for the resignation of legislators is troubling the vote of confidence in the House. Chief Minister Kumaraswamy has filed a petition seeking clarification on the order. Our transparent walk is constitutional and honest," Deputy Chief Minister G Parameshwara wrote on Twitter.

If the rebel MLAs will approach me seeking protection, I will give them protection. They haven’t approached me yet, said Karnataka Assembly  Speaker Ramesh Kumar. He also said that a lot of discussion has taken place. "I want to close it (trust motion process) today," he said. However, the BJP is pressing for the trust vote to take place today only "even if the clock ticks past 9". 

Clarifying that the session can be concluded on Monday, CM Kumaraswamy said, "It is important that all members should be given an opportunity to speak on the floor. All MLAs have to go back to their respective constituencies as well."

Clarifying that the session can be concluded on Monday, CM @hd_kumaraswamy said, "It is important that all members should be given an opportunity to speak on the floor. All MLAs have to go back to their respective constituencies as well." #KarnatakaFloorTest @IndianExpress pic.twitter.com/MOmZ73qjRz

— Ralph Alex Arakal (@ralpharakal) July 19, 2019

Speaker Ramesh Kumar has asked the Congress-JD(S) members on how many people would want to speak on the motion and how much time they would require. The coalition is looking at fielding around 20 speakers and they say they would like to take time till Tuesday/Wednesday. It is being objected by BJP members who want the vote to be taken up now. The second deadline given by the governor for 6 pm today has also passed.

The proceedings in the Karnataka Assembly are still underway, even as the second deadline set by Governor Vajubhai Vala has lapsed.

JD(S) MLA Shivalinge Gowda, while targetting the saffron party in the assembly today said that the people of the state are talking that governor's office is puppet of the BJP. He also said that the BJP is trying to twist Anti-defection law.

Karnataka Chief Minister H D Kumaraswamy moved the Supreme Court Friday contending that Governor Vajubhai Vala cannot dictate Speaker K R Ramesh to conduct the proceedings of the Assembly which is debating the confidence motion moved by him.

Kumaraswamy questioned the deadlines set by the Governor one after another to complete the trust vote. He said directions of the Governor are completely contrary and ex-facie in contravention of apex court's earlier verdict.

In his application, Kumaraswamy contended: "No such direction on trust vote could have been issued by Governor when confidence motion was already initiated." He submitted that the Governor cannot dictate the House on the manner in which debate on the Confidence motion has to take place.

The Chief Minister also sought clarification of the apex court's July 17 order that the 15 rebel MLAs can't be compelled to attend Assembly proceedings. The Governor had on Thursday set a deadline of 1:30 PM on Friday for the conclusion of the trust vote, which was not met. Thereafter, Vala again sent a communication extending the deadline till 6:00 pm. (PTI)

As the debate in the Karnataka Assembly continues, JD(S) MLA Shivalinge Gowda said, "Former Prime Minister Atal Bihari Vajpayee’s floor test lasted for 10 days. Why is BJP opposing discussion on floor test?" 

Congress leader Siddaramaiah today said that the floor test would not take today as well, despite the deadline set by the governor. "A total 20 MLAs have given their names to speak on the issue & they have complete right to speak on the floor of the house. Only after this, the vote can be placed," he said.

Hinting that #KarnatakaFloorTest would not happen on Friday, CLP leader @siddaramaiah says, "A total 20 MLAs have given their names to speak on the issue & they have complete right to speak on the floor of the house. Only after this, the vote can be placed." @IndianExpress pic.twitter.com/cYcMvjt4jO

— EXPRESS Bengaluru (@IEBengaluru) July 19, 2019

After Karnataka Congress Chief Dinesh Gundu Rao moved the Supreme Court today, Chief Minister HD Kumaraswamy also approached the apex court against its July 17 order that said the rebel MLAs can't be compelled to attend the house proceedings. 

Karnataka CM H D Kumaraswamy also approaches Supreme Court. Seeks clarification of its July 17 order @IndianExpress

— Ananthakrishnan G (@axidentaljourno) July 19, 2019

Karnataka Chief Minister HD Kumaraswamy, while addressing the speaker in the state assembly today, said that he is leaving the decision on the floor test to him (the Speaker). "It won't be directed by Delhi. I request you to protect me from the letter sent by the Governor," he was quoted as saying by ANI.

After he failed to prove his majority on the floor of the house at 1.30 pm today (the first deadline set by Governor Vajubhai Vala yesterday), the Karnataka CM received another deadline of 6 pm in the afternoon.

After receiving the second deadline of 6 pm today to prove his majority on the floor of the house, Karnataka Chief Minister HD Kumaraswamy said in the state assembly that "the second love letter" from the governor has hurt him. "He (guv) only came to know about horse-trading 10 days ago?," he said while showing photos of BS Yeddyurappa, PA Santosh, reportedly boarding a plane with independent MLA H Nagesh.

CM HD Kumaraswamy: I have respect for the Governor. But the second love letter from the Governor has hurt me. He only came to know about horse trading 10 days ago?(Shows photos of BS Yeddyurappa's PA Santosh, reportedly boarding a plane with independent MLA H Nagesh) pic.twitter.com/VIcA4TUmeI

— ANI (@ANI) July 19, 2019

KPCC president Dinesh Gundu Rao has moved the Supreme Court against its July 17 order which said that 15 rebel MLAs cannot be compelled to attend House proceedings. He said, " it “whittles down the right of a political party to issue a whip to its legislators...”.

Congress Karnataka unit President Dinesh Gundu Rao moves Supreme Court against July 17 order which said 15 rebel MLAs be not compelled to attend house proceedings. Says it “whittles down the right of a political party to issue a whip to its legislators...”. @IndianExpress

— Ananthakrishnan G (@axidentaljourno) July 19, 2019

Congress-JD(S) legislators chanted "Down down Amit Shah, down down BJP" after Congress president Dinesh Gundu Rao alleged that the Union Home Minister has links to the political situation that prevails in Karnataka at present. However, speaker K R Ramesh Kumar brought the House back to order saying, "He (Amit Shah) is not a member of this House and hence such allegations will not go into the assembly record."

Meanwhile, a BJP delegation will meet Governor Vajubhai Vala today and complain against CM HD Kumaraswamy for not following Governor’s directive. The governor had yesterday directed the chief minister to prove his majority on the floor of the house by 1.30 pm. 

Karnataka Pradesh Congress Committee (KPCC) President Dinesh Gundu Rao has moved the Supreme Court claiming that the apex court's order dated July 17 (which directed that 15 rebel MLAs cannot be compelled to attend Assembly) violated the party's right under the Tenth Schedule of the Constitution to issue whip to the legislators.

The proceedings of the Karnataka Assembly have begun after the lunch. It would be interesting to know whether the floor test will take place today. Governor Vajubhai Vala had given 1.30 pm deadline to Chief Minister HD Kumaraswamy to prove his majority in the House.

Senior BJP leader BS Yeddyurappa has said that his party is moving a breach of privilege motion against Kolar MLA Srinivas Gowda (JDS) who alleged in the assembly that he was offered Rs 5 crore by BJP. Yeddyurappa was interacting with media persons outside the Karnataka Assembly.

BS Yeddyurappa,BJP: Kolar MLA Srinivas Gowda(JDS) alleged in the assembly that he was offered Rs 5 crore by BJP. We are moving a breach of privilege motion against him. #Karnataka pic.twitter.com/vuaVLMzmCS

— ANI (@ANI) July 19, 2019

Governor Vajubhai Vala has sent an interim report on today’s development to Home Secretary. It can be recalled that he had given a 1.30 pm deadline to Karnataka chief minister H D Kumaraswamy to prove his confidence in the House by 1.30 pm on Friday. The political drama in Karnataka Assembly continued today with the Congress leaders lashing out at BJP for "trying to destroy democracy".

Congress leader Siddaramaiah ruled out the possibility of a floor test today. "The discussion is still not complete and 20 members are yet to participate. I don’t think it will finish today and will continue on Monday," he was quoted as saying by ANI.

"I have given funds to all of your districts. But you (BJP) say I am the CM of only two-three districts. That is why I am saying there should not be any hurry, let us discuss it. You are trying to destroy democracy," Kumaraswamy said.

Karnataka CM HD Kumaraswamy during trust vote debate: I have given funds to all of your districts. But you(BJP) say I am the CM of only two-three districts. That is why I am saying there should not be any hurry,let us discuss it. You are trying to destroy democracy. https://t.co/Ap9Hwsf1Um

— ANI (@ANI) July 19, 2019

"You blame Revanna (state minister and CM's brother) of carrying a lemon. You (BJP) believe in Hindu culture, but you blame him. He carries lemon with him and he goes to a temple. But you accuse him of doing black magic. Is it even possible to save a government by doing black magic?" Kumaraswamy told the assembly today.

Meanwhile, in Lok Sabha, the Congress raised the issue of the ongoing political crisis in Karnataka, saying the independence of legislature is under threat and democracy is being killed. Leader of Congress in Lok Sabha Adhir Ranjan Chowdhury alleged that the BJP is conspiring to bring down governments in states where opposition parties are in power. He said what is happening in Karnataka is a threat to the independence of legislature and democracy is being killed in the state.

Meanwhile, Mumbai Police today provided security to Karnataka Congress MLA Shrimant Patil, who was admitted in a state-run hospital, and is recording his statement, an official said. "We have provided security to the MLA and his statement is being recorded," he said.

"Whether the Governor's order has to be followed or not will be decided by the Chief Minister because the letter was sent to him," Speaker Ramesh Kumar said. The assembly has been adjourned till 3 pm.

Karnataka assembly session has been adjourned till 3 pm. https://t.co/cG6EpwjNbf

— ANI (@ANI) July 19, 2019

"Unless the discussion is over, there cannot be a vote," the Speaker said while BJP members continued to protest over the issue. The deadline of 1.30 pm given by the Governor for a vote has passed.

In the assembly, Kumaraswamy told the Speaker that he has to decide whether the Governor can set a deadline for him (1.30 pm Friday) to prove majority. He also referred to a Supreme Court verdict that the Governor cannot act as ombudsman of Legislature.

Soon after Congress MLA Krishna Byre Gowda completed presenting various citations on the limits of the Governor, Congress-JD(S) legislators in the house chanted, "Go back Governor," creating further ruckus in the House.

In a letter to the Speaker on his absence, Congress MLA Shrimant Patil said, “Please allow me to be absent from the Assembly session. I was in Chennai for some urgent work when I had severe chest pain and visited my family doctor in Mumbai. I have not spoken to any BJP leader and I am not kidnapped (as per media reports)." The Speaker added that he received the e-mail at 12.45 pm on Friday.

"Please consider the legislators' rights while deciding on what to do next in the light of the Governor's message," Congress MLA Krishna Byre Gowda told the Speaker, citing a Supreme Court Constitutional Bench ruling on the limits on rights of Governors.

Accusing the BJP of resorting to ways to circumvent the anti-defection law, Kumaraswamy said, "Legislators were offered Rs 40-50 crore to lure them; whose money is it?"

"Right from the time JD(S)-Congress government came to power, an 'atmosphere' was created to remove it. After 14 months, we have come to the final stage. I have not tried to misuse power," Kumaraswamy told the assembly. Addressing the BJP MLAs, he said, "Let's have a discussion. You can still form the government. Nothing urgent. You can do it on Monday or Tuesday also. I am not going to misuse power." 

Mumbai Police allows their Karnataka counterpart to meet and take the statement of Congress MLA Shrimant Patil, who was admitted at St George hospital in Mumbai on Wednesday, ANI reported.

Mumbai Police has allowed Karnataka Police officials to meet and take statement of Congress MLA Shrimant Patil, who is admitted at St George hospital in Mumbai (file pic) pic.twitter.com/lUMbQbNM8e

— ANI (@ANI) July 19, 2019

Congress MLA Sreenivas Gowda alleged that BJP members Aswath Narayan, CP Yogeshwar and SR Vishwanath visited him at his residence and offered him Rs 5 crore, but he didn't accept the money.

Speaking in the Assembly, Kumaraswamy said, "It is true that I am in a similar situation in which Yeddyurappa was when he was the chief minister. Power is not permanent and people will come and go. I had never dreamt of becoming the chief minister. I am an accidental chief minister." 

"The Karnataka Governor has now become a BJP agent. Raj Bhavan has become the BJP office. He has no power to intervene in the day-to-day activities of the legislature. He is violating the principles of the Constitution," AICC general secretary KC Venugopal said. 

The Karnataka Governor has now become a BJP agent. Raj Bhavan has become the BJP office. He (Guv) has no power to intervene in day-to-day activities of the legislature. He is violating the principles of the constitution: @INCIndia Gen. Sec. @kcvenugopalmp @IndianExpress pic.twitter.com/YifJA8TAYz

— Ralph Alex Arakal (@ralpharakal) July 19, 2019

Speaker Ramesh Kumar today dismissed suggestions that he was trying to delay the vote on the confidence motion moved by Chief Minister Kumaraswamy to decide the fate of his government. "I don't have to be partisan," Kumar said, expressing anguish over suggestions that he was trying to delay the trust vote. He said there was discussion and "indirect comments" made that he was delaying the process (vote of confidence). "You may have your own apprehensions but let me make it clear that there is no room for me being impartial. I have led fairly in the public life. Character assassination is easy but those commenting on me please look at your background," he said.

State BJP chief B S Yeddyurappa has predicted the end of the coalition government and said his party will decide on the future course of action after consulting the national leadership. "Mostly today will be the end of Congress-JDS government's misrule... the Chief Minister will make his farewell speech today, we will patiently hear it," Yeddyurappa told reporters in Bengaluru. "Depending on the outcome of the proceedings in the House today, we will discuss with our national president Amit Shah and decide on the future course of action," he added.

"Those who hurl slurs at my character, look back at what your life has been. Anyone who knows me knows I don't have lakhs of money stashed up like others. I have enough strength to take a non-partisan decision despite such slurs," Speaker Ramesh Kumar said.

Congress leaders and JD (S) members have arrived at the assembly for the session. Chief Minister Kumaraswamy is currently addressing the legislators.

BJP Karnataka MP Shobha Karandlaje climbed 1001 steps of Sri Chamundeshwari Devi Temple to pray for Yeddyurappa to become the next chief minister of the state.

#WATCH Mysuru: BJP Karnataka MP, Shobha Karandlaje climbs 1001 steps of Sri Chamundeshwari Devi Temple to pray for BS Yeddyurappa to become the next Chief Minister of the state. pic.twitter.com/coP7X0vRuo

— ANI (@ANI) July 19, 2019

Senior Congress leader Mallikarjun Kharge on Thursday launched an attack against Prime Minister Narendra Modi and Maharashtra Chief Minister Devendra Fadnavis. Kharge accused Fadnavis of playing an “active role” in attempts at toppling the Kumaraswamy government. Earlier, eyebrows were raised when Patil landed in Mumbai ahead of the debate over the trust vote. While health complications were cited as the reason for Patil’s arrival in the commercial capital, Kharge questioned it. “When there are leading cardiac care hospitals in Karnataka, why was he (Patil) brought here. Nobody knows when he came here," he said.

Karnataka Police, accompanied by Mumbai Police, arrived at St. George Hospital, where Congress MLA Shrimant Patil was admitted on Thursday.

Maharashtra: Karnataka Police accompanied by Mumbai Police arrive at St. George Hospital, where Karnataka Congress MLA Shrimant Patil is admitted. pic.twitter.com/89yr69DWzV

— ANI (@ANI) July 19, 2019

Meanwhile, Trinamool Congress MP Sougata Ray has given an Adjournment Motion Notice in Lok Sabha over the "kidnapping of Karnataka MLAs". Follow Parliament LIVE UPDATES here.

Speaking to ANI, Karnataka Congress MP Nasir Hussain said, "I think the Congress party will go to Supreme Court because the Governor cannot interfere in the matter of Speaker, he has no right to do it. Governor is arbitrarily interfering and trying to work as an agent of a party."

Karnataka Congress MP, Nasir Hussain: I think the Congress party will go to Supreme Court because Governor cannot interfere in the matter of Speaker, he has no right to do it. Governor is arbitrarily interfering and trying to work as agent of a party. #KarnatakaFloorTest pic.twitter.com/Ha8Bvb7lXo

— ANI (@ANI) July 19, 2019

Experts differ in their interpretation of the communication sent by Karnataka Governor Vajubhai Vala to Assembly Speaker K R Ramesh Kumar and Chief Minister H D Kumaraswamy, asking the latter to prove his majority on the House floor before 1.30 pm on Friday. An almost similar communication was under scrutiny of the Uttarakhand High Court in 2016, when the bench, comprising Chief Justice K M Joseph and Justice V K Bist, quashed the Centre’s order to impose President’s rule. In that case, under Article 175(2) of Constitution, Governor Dr K K Paul had forwarded a letter from 26 BJP MLAs where they questioned the status of the Appropriation Bill and requested for a voting by division. The Governor had then asked the Speaker to conduct the vote of confidence on March 28, 2016 and that “results of voting by division shall be declared soon thereafter”. Click here to read more.

Karnataka BJP will hold a meeting before the assembly session today.

Karnataka BJP MLAs to hold a meeting with State BJP President, B. S. Yeddyurappa before the commencement of today's Assembly session. (file pic) pic.twitter.com/CR6JxSALsv

— ANI (@ANI) July 19, 2019

Karnataka deputy CM met BJP legislators this morning.

Karnataka Deputy Chief Minister G. Parameshwara meets BJP MLAs who were on an over night 'dharna' at Vidhana Soudha in Bengaluru. pic.twitter.com/ydgCOgBQHG

— ANI (@ANI) July 19, 2019