Hours before the crucial floor test in Karnataka Assembly, Chief Minister B.S. Yeddyurappa heaved a sigh of relief as the Supreme Court on Saturday rejected a petition challenging the appointment of BJP MLA K.G. Bopaiah as pro-tem Speaker.
The floor test will be held in the state assembly at 4 pm.
The three-judge bench headed by Justice A.K. Sikri issued the order on a petition filed by the Congress-JD(S) combine which had challenged the appointment of Bopaiah, citing seniority.
The top court also directed the assembly secretary to ensure live telecast of the floor test.
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During the hearing, Manu Singhvi and Kapil Sibal, who appeared for the Congress-JD(S), told the court that the individual appointed as pro-tem Speaker must be the senior most member of the House which is a convention in the Parliament also.
"Long standing convention has been broken after the appointment of Bopaiah," said Kapil Sibal, adding that even the Supreme Court has ratified this practice in two judgments.
However, justice S.A. Bobde pointed out that there have been instances where senior most MLA was not appointed as pro-tem speaker.
For this, Kapil Sibal replied that Bopaiah had a different history as his decision of disqualification was set aside by the Supreme Court earlier.
However, the court said: "Law cannot direct the governor to appoint a particular person as pro-tem Speaker. Unless convention becomes legal norm, it can't be enforced by court."
The court further said that live broadcast of floor test would be the best way to ensure transparency of proceedings. It said that several local channels will be provided the live feed of the proceedings so that they can also be in a position to telecast simultaneously. The bench passed the order after recording the statement of Additional Solicitor General Tushar Mehta, who was appearing for the Karnataka government and Governor Vajubhai Vala.
Earlier, in their application, the Congress-JD(S) combine had demanded that the decision of Governor Vala to appoint Bopaiah as the pro-tem Speaker be set aside as it was “contrary to the tradition, as per which the post goes to the senior-most legislator”.
Alleging "a shocking disregard to binding parliamentary convention and long standing parliamentary practice of appointing the senior most member of the House", the Congress-JD(S) combine had said the governor appointed "a relatively junior member of the House. ... This is in the face of the admitted fact that the senior most MLA is currently serving his 8th tenure but has been overlooked."
The Congress had also alleged that Bopaiah's appointment was aimed at manipulating the results of the trust vote. The party had also pointed out the “dubious and controversial” record of Bopaiah, in an apparent reference to the floor test which Yeddyurappa won in 2010.
In 2010, Bopaiah, in a controversial decision, disqualified five independent and 11 BJP MLAs who rebelled against Yeddyurappa after he was charged in a mining scam. The Speaker's order helped the BJP government sail through the floor test. His decision was later cancelled by the Supreme Court.
Meanwhile, all eyes are on the Karnataka assembly as the Yeddyurappa government will face floor test on Saturday afternoon. The top court had on Friday ordered the floor test on Saturday cutting short the 15-day time granted earlier by the governor.
The apex court had on Thursday refused to stay the swearing in of Yeddyurappa, clearing the last-minute hurdle created by the Congress-JD(S) combine for the BJP's ambitious surge in south India. Yeddyurappa took oath as the 23rd chief minister of Karnataka on Thursday, hours after the apex court order which came after a rare overnight hearing.
Governor had invited BJP to form government in the state, though the saffron party, with 105 MLAs (including one Independent MLA), is seven short of the halfway mark of 112. Vala had directed BJP to prove majority on the floor of the house within 15 days.
Earlier, in a clear attempt to keep the BJP out of power, the Congress had extended an unconditional support to the JD(S), which bagged 37 seats, even before three-fourth of the results were announced on Tuesday. Congress managed to win 78 out of the 222 seats to which elections were held on May 12.