Bengaluru: A point of order moved by CLP leader Siddaramaiah soon after the Confidence Motion was moved by CM H.D. Kumaraswamy in the Assembly on Thursday, gave the coalition enough room to prolong the debate on the trust vote. Mr Siddaramaiah while raising the point of order, contended that the SC, in its interim order, had prevented him from issuing a whip to his own legislators. He felt the Vote of Confidence could not be taken up till the issue was resolved.
The right to issue a whip to party legislators had been conferred in the Constitution through Schedule 10 but the Supreme Court's interim order said that the rebel legislators cannot be compelled to attend the session. This order indirectly curtails the rights conferred on the Legislature Party leader in the 10th schedule, argued Mr Siddaramaiah adding that the Speaker should clarify on the issue and on his rights as Legislature Party leader.
He pointed that neither he nor the Congress were respondents to the petitions filed by the rebels in the top court and in these circumstances, he did have a chance to get a clarification on the issue. Besides, the Congress had not compelled the rebels to attend the session, but the BJP was compelling them to abstain, he said. The Speaker said there are set rules governing a member attending the session. If the member is unable to attend, he or she will not be allowed to sign the attendance register and will not be entitled to session allowance. Besides, for continued absence, the member should send a letter, citing the reason for absence. It is the discretion of the Speaker to accept or reject it.
Meanwhile, Minister Krishna Byregowda raked up another point of order, wondering whether the 15 MLAs were now members of the House or not. The Speaker said he had to consult legal experts on the issue before giving a decision. Since the issue has gone to the SC, he could not take any decision that would undermine the authority of the court, he added.
