Bengaluru: The Congress party has finally decided to crack the whip on the four defiant MLAs, Ramesh Jarkiholi, Mahesh Kumatalli, B. Nagendra and Dr Umesh Jadhav.
The party has decided to give a letter to Speaker K.R. Ramesh Kumar requesting him to disqualify the four MLAs on the basis of the anti-defection law.
The Congress Legislature Party that met here on Friday morning, discussed this issue at length. The MLAs, barring B. Nagendra had written letters to CLP leader Mr Siddaramaiah saying that due to personal reasons, they could not attend Friday’s CLP meeting. Since the MLAs have abstained from the meetings twice, the CLP reportedly decided to take disciplinary action against the MLAs. However the threat to disqualify the MLAs might not stand the scrutiny of law and would only reduce the party’s strength in the assembly. Former advocate general and senior counsel, B.V. Acharya felt that legally speaking, it would not stand the scrutiny of law.
“If for instance, a MLA stays away due to ill health, would he be expelled from the party? This assumption cannot be the basis for taking action under the tenth schedule,” he said. Former additional solicitor general K.N. Bhat said that the anti defection law in the tenth schedule apples to voting inside the House and a legislature party meeting was not part of it. Even if legislators remain absent, Mr Siddaramaiah cannot take action based on this, he felt.
