New Delhi: In yet another late night development the Congress and JDS moved the Supreme Court on Friday challenging the appointment of K.G. Bopaiah as Pro tem speaker to conduct the floor test at 4 pm in the Karnataka Assembly on May 19 for the Chief Minister B.S. Yeddyurappa to prove his majority.
In its application both the parties said that pursuant to the orders passed by this court on Friday, the Governor has appointed a junior four-time MLA of BJP Bopaiah as the pro tem speaker in a shocking disregard to binding parliamentary convention and long standing parliamentary practice of appointing the seniormost member of the House.
They alleged that Mr. Bopaiah has a dubious and controversial record of passing biased disqualification orders. The conduct of Mr Bopaiah has been severely criticised and strictures have been passed against him by this Court. The disqualification orders passed by him were also set aside as being vitiated with mala fides and undue haste. This is in the face of the admitted fact that the seniormost MLA is currently serving his 8th tenure but has been overlooked.
The Petitioners reasonably apprehend that the sole purpose of appointing a relatively junior member of the House is nothing but an attempt to seize and manipulate the floor test. There are grave and genuine concerns as far as the impartiality of the present pro tem Speaker is concerned.
The Chief Minister in tandem with the Government at the Centre is exercising influence through the
Governor of the State to ensure that he sails through the floor test by hook or crook, in absolute disregard to Parliamentary practice and the well established convention of appointing the senior most member as the pro tem Speaker. Further the manner in which preparations for the floor test is being carried out seems to suggest that it is being designed to replicate defections orchestrated by Mr. Yeddyurappa in 2008 when he was again short of majority. The same is commonly known as "Operation Lotus".
They said a representation has been made to the Governor requesting him to follow convention and appoint the senior member MLA as the pro tem Speaker to facilitate the floor test and sought a direction in this regard. Further in the absence of any videography of the proceedings, the petitioners would not be able to demonstrate to this Court if there is any illegality and will be handicapped to apprise this Court in this regard. The Petitioners said they apprehended that the floor test will not be conducted in a free and fair manner and therefore are requesting for videography of the proceeding of the floor test. They prayed for a direction to quash Mr. Bopaiah's appointment and a direction to appoint a new pro tem speaker.
