BENGALURU: Citing a judgement of the Constitutional Bench of the Supreme Court comprising of Five Judges in the Kihoto Hollohan vs Zachillhu And Others case with regard to the matters challenging the constitutionality of the Amendment to the Anti-Defection Law, senior counsel and former advocate general Prof Ravivarma Kumar says that courts, including the Supreme Court, have no power to issue any order against the Assembly Speaker before a final judgement is taken by the Speaker on the issue of disqualification applications before him.
He goes on to add that according to the para 111 of the judgement in the Kihoto Hollohan vs Zachillhu And Others: “The Speaker/Chairmen while exercising powers and discharging functions under the Tenth Schedule act as Tribunal adjudicating rights and obligations under the Tenth Schedule and their decisions in that capacity are amenable to judicial review. However, having regard to the Constitutional Schedule in the Tenth Schedule, judicial review should not cover any stage prior to the making of a decision by the Speakers/Chairman. Having regard to the constitutional intendment and the status of the repository of the adjudicatory power, no quia timet actions are permissible, the only exception for any interlocutory interference being cases of interlocutory disqualifications or suspensions which may have grave, immediate and irreversible repurcussions and consequence."
Hence, following the judgement of the Constitutional Bench, the earlier order of the Supreme in directing the Karnataka Assembly Speaker KR Ramesh Kumar to call on the resignations by the end of the day (Thursday) and place his decision on the letters before the bench was against the order of its own Constitutional Bench order. Further, he wraps up saying that the Supreme Court has to consider the Constitutional Bench judgement while hearing the cases tomorrow (July 16) pertaining to the Karnataka MLAs who have approached the Supreme Court.
