Karnataka Assembly Speaker KR Ramesh Kumar moved the Supreme Court seeking recall of the court's order on Thursday directing 10 rebel MLAs to appear before him this evening.
Refusing to hear the plea today, a bench headed by Chief Justice Rajan Gogoi observed that the order on the plea of MLAs was passed in the morning and that it was for him to decide the next course of action in the matter.
"We will hear you tomorrow," the bench told the counsel for the Speaker.
"Several of the resignations are not in accordance with Rule 202 of the Rules and Procedure of Conduct of Business in the Karnataka Legislative Assembly...The enquiry so contemplated cannot be completed today itself," the petition said.
It submitted disqualification proceedings against the MLAs, who have purported to offer their resignation, have been pending from as far back as February 11, 2019 and are currently at the stage of arguments after due service of notice and filing of objections. "This fact was completely suppressed in the writ petition," it said.
The legal consequences of disqualification and resignation are entirely separate and distinct, the petition contended.
"Under the Constitution, an MLA disqualified cannot be inducted as a minister or appointed on a remunerative post until and unless he/she is re-elected," it said, adding that the Speaker has to decide on whether any disqualification has been incurred by the MLA concerned prior to the submission of the resignation letter.
Mentioning the matter before the court, senior lawyer Abhishek Singhvi said that the direction to the Speaker to decide on the resignation of ten rebel MLAs cannot be issued by the Supreme Court.
He told reporters that the Speaker should be allowed to follow the constitutional process, which is obliged upon him by several articles of the Constitution.
Ten Congress and JD(S) MLAs had earlier moved the Supreme Court, seeking a direction to the Speaker to accept their resignation and not proceed with the applications for their disqualification from the House.
The 13-month-old Congress-JDS government had on Saturday slumped into crisis following the resignation of MLAs.
The 225-member state Assembly includes one nominated MLA. The halfway mark is 113.
( With inputs from ANI )