Congress' chief troubleshooter in Karnataka, D K Shivakumar on Wednesday warned the Congress-JD(S) rebels of disqualification proceedings against them under the anti-defection law if they did not obey the whip and participate in the proceedings during the trust vote in the Assembly on Thursday.
"Some BJP friends are trying to misguide that whip is not valid. But the party can issue a whip and take the necessary action as per anti-defection law," he said responding to the Supreme Court verdict that rebel MLAs cannot be compelled to attend tomorrow's Assembly session.
"In today's judgement, the 10th schedule of the constitution was respected by the apex court. We have been following this law for long. Yes, no one can compel anyone to come anywhere. But BJP senior leader B S Yeddyurappa is misguiding everyone."
Hitting out at Yeddyurappa, the Karnataka minister said: "He says whip is not needed in the house. Whip does not have sanctity. Whenever a political party is in power, can anyone block the party from issuing a whip?
"I am sure the country law minister is better to guide the country and Yedyurappa whether whip is needed or not. When a person does not attend the Assembly. It is the duty of the political party to take necessary action. Yeddyurappa is misguiding the legislator, state and country saying that SC has said that whip is not essential."
He said that anti-law defection is there for those who skip Assembly session after whip is issued.
"This landmark judgement has given strength to the democratic process. The verdict is not for Karnatka, Chief Minister or BJP, it is a judgement for the country. This shows that justice has flown from the seat of Justice," he added.
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Earlier in the day, the Supreme Court held that the 15 rebel Karnataka Congress-JD(S) MLAs cannot be compelled to participate in the trust vote in the Assembly tomorrow.
"Until further orders, the 15 members of the Assembly ought not to be compelled to participate in the proceedings of the ongoing session of the House and an option should be given to them that they can take part in the said proceedings or to opt to remain out of the same," a bench comprising Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Aniruddha Bose said in its verdict.
The court also observed that Karnataka Speaker K R Ramesh Kumar cannot be forced to take a decision within a time frame on the resignations of the rebel MLAs.
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