Bengaluru: In a monumental decision which derails attempts by the BJP to stake claim to forming a government after the collapse of the JD(S)-Congress coalition government headed by Mr H.D. Kumaraswamy, further heightening the suspense over government formation excercise in the state, two days after the collapse of the Congress-JDS ministry, Assembly Speaker K.R. Ramesh Kumar on Thursday disqualified three MLAs who had broken away from the coalition.
This includes two from the Congress - Ramesh Jarkiholi and Mahesh Kumtalli, and one Independent R. Shankar. In a move that further heightened uncertainty in the BJP ranks, he withheld his decision on the remaining 13 rebel MLAs for another two days.
In effect, with the Speaker making it clear that members disqualified under the anti-defection law cannot contest or get elected to the assembly till the end of the term of the House, the BJP top brass - party president Amit Shah will be meeting a delegation from Karnataka on Friday morning - will go full throttle or hold back and prefer President's rule and polls six months from now.
The Speaker's disqualification of three members brings the half-way mark in the 224 man assembly that is now down to 221, to 111. Mr Ramesh Kumar, who announced his decision at a crowded press conference at Vidhana Soudha, said the disqualification had become necessary under the tenth schedule of the Constitution as the MLAs had violated the party whip adding that it will be applicable till the end of the term of the current Assembly in 2023.
He also said resignation was a "respectable terminology", while disqualification was "admonishing," while emphasising that the anti-defection law could not be used as a "monstrous law."
"No by-election...nothing will work...this is a quasi judicial body (speaker's office)," Kumar said, adding, "I know these matters will go to the court."
Now that they have been disqualified, the three MLAs cannot be inducted into the state cabinet immediately and with the Speaker withholding his decision on the resignations of the remaining 13 JD(S) and Congress legislators, sources in the BJP said they would be taking a calculated risk by going ahead with government formation without being sure whether the rebels would see this as a warning and return to the fold; Or whether the rebels will be satisfied by being accommodated in the cabinet.
Amit Shah to decide
A team of the state BJP led by former CM Jagadish Shettar did meet party national president, Amit Shah in Delhi on Thursday to prevail upon him the need to form a government at the earliest. But Mr Shah reportedly advised the Karnataka team to be patient and not form the government in a hurry. The rebel MLAs reportedly want the new dispensation to be a coalition government which is not palatable to some in the BJP. Saffron party leaders know that the rebels would love to have an upper hand in the new government which would force original BJP leaders to sacrifice to accommodate those coming from outside-something many in the party are not keen on.
