Fearing delay in floor test, Cong-JD(S) to drop plea against Bopaiah in SC

Bengaluru: The Congress-JD(S) combine was today pushed on the backfoot in the Supreme Court at the start of the hearing when the judges warned of deferring the floor test in Karnataka, slated for 4 pm, to seek response of Pro Tem Speaker and BJP MLA K G Bopaiah, against whom the alliance had cast aspersions.

The post-poll alliance started its vehement submission and referred to the controversial role of Bopaiah, who was Karnataka Assembly speaker from 2009-2013, in disqualifying 16 MLAs to ensure victory for the then B S Yeddyurappa government in the 2010 floor test.

However, the combine, represented by senior advocates Kapil Sibal and Abhishek Manu Singhvi, was in for a shock when the three-judge bench headed by Justice A K Sikri made clear that since it was “casting aspersions” on the bonafide of the pro tem speaker, the court will have to hear Bopaiah and consequently, the crucial floor test will be deferred.

“You want us to pass an order with regard to suitability of the pro tem speaker. We are willing to hear you and for that we will issue notice to the pro tem speaker to hear his side and then we will have to defer the floor test,” the bench, also comprising justices S A Bobde and Ashok Bhushan, said.

Sibal, who was reading out a 2011 judgement of the apex court in the Karnataka floor test case, quickly responded to the bench by saying,”I am not casting any aspersion on the pro tem speaker. I am only asking the court that he should not be allowed to take the floor test.” 

The apex court in 2011 had set aside the decision of Bopaiah, the then speaker of Karnataka legislative assembly, to disqualify the MLAs to save the then BJP government led by Yeddyurappa.Sibal was referring to the observations of the top court in the case.

However, the remarks of the bench to hear Bopaiah also, to effectively deal with the Congress-JD (S) combine’s allegation against him, led to the change of strategy and it did not press for its its interim plea against the pro tem speaker.

The counsel for both parties, involved in bitter power struggle, agreed to the suggestion of the Karnataka governor and the state government that the floor test be telecast live on all channels to ensure transparency.

The suggestion was endorsed by the bench after which the interim plea of the Congress-JD(S) alliance was disposed of.