Karnataka: Vajubhai R Vala intervenes twice in trust vote, faces off with government

BENGALURU: The Kumaraswamy government’s battle for survival in the assembly on Thursday was overshadowed by two missives from governor Vajubhai R Vala — one to the speaker to wrap up the vote by the end of the day, and another to the chief minister setting a deadline of 1.30pm on Friday to prove majority. The Raj Bhavan messages set the stage for a standoff between the governor and the legislature, with coalition MLAs pointing out the governor and BJP were speaking the same language.
Even before Kumaraswamy moved the motion of confidence at 11am with a brief but passionate speech, the JD(S)- Congress camp had shrunk further by two MLAs.Congress MLA Shrimanth Patil left the resort where party MLAs were staying and got himself admitted to a Mumbai hospital; B Nagendra continued to remain in a Bengaluru hospital where he is being treated for a heart ailment.

The first of the governor’s messages was relayed to the House by speaker KR Ramesh Kumar, amid opposition from the treasury benches. The coalition tried its best to defer the trust vote indefinitely, with Siddaramaiah and other senior Congress leaders seeking clarity on the Supreme Court’s ruling that said rebel MLAs could not be compelled to attend the House proceedings.
There were three adjournments, acrimony and repeated disruptions by slogan-shouting Congress members before the proceedings were adjourned for the day. This triggered the governor’s second letter to the CM, with a copy marked to the speaker. Vala said he was compelled to intervene after the vote of confidence was stalled and the assembly adjourned without a vote.
The governor’s intervention is expected to result in a showdown between the government and Raj Bhavan. The matter is likely to land up in court as there are diverse views on governor’s rule in such cases. While the governor cited Article 175(2) on sending messages for consideration to the House, the coalition members said he could intervene only to promulgate ordinances (Article 213) or when the constitutional machinery fails (Article 356).
The coalition has accused BJP of using the governor’s office to topple the ruling dispensation. “The wish of the BJP and the message of the governor to the speaker are same in intent. It might be a coincidence, but still...” minister Krishna Byregowda said when the speaker read out the governor’s message in the assembly.
The speaker, on his part, said there was nothing wrong with the governor sending the note. Protests continued, however. With the trust vote barely progressing and the governor’s request going unheard, leader of opposition BS Yeddyurappa said BJP MLAs would hold a day-andnight dharna in the House.
Twenty legislators, including the rebels, did not turn up for the vote. Earlier in the day, Congress legislature party leader Siddaramaiah raised the issue in a point of order, saying the Supreme Court ruling had curtailed his power to issue a whip. “It is a serious issue and will have serious ramifications if I am barred from issuing whip to our MLAs. It might lead to collapse of the democratically elected government,” Siddaramaiah said.
Continue debate on trust vote with priority, BJP tells speaker
To avoid it, the speaker must defer the trust motion till clarity on the matter is emerged,” Siddaramaiah said, adding the trust vote was not in order if the MLAs were allowed to stay away despite a whip.
BJP said if the power of any political party is curtailed, it must take up the matter in court, and urged the speaker to continue with the debate on the trust vote with priority. “Today’s proceedings must restrict to trust vote and should not discuss any other matter,” BJP MLA J C Madhuswamy said, accusing Congress and JD(S) of clinging onto power despite losing numbers.
The speaker said the issuing of whip does not come under his purview and it is left to
political parties to decide. “As far as deferring the confidence motion, I will consult advocate general and take a decision,” he said, turning down BJP’s demand for taking up the confidence motion for debate.
Charging BJP with exerting pressure on the speaker through the governor, a JD(S) leader said: “There is no constitutional crisis in the state, all the constitutional bodies are functioning in accordance with the laws. There is no scope for the governor’s intervention when nothing has failed.”
Other sources said the governor can tell the government to prove its majority, but cannot issue a directive to the speaker.
According to Article 356 of the Constitution, the governor can send only a report on the happenings to the President, who will decide on imposition of President’s Rule in the state.