He contended that as a consequence of the apex court's interfering with the 10th Schedule of the Constitution, the Governor was interfering in the conduct of the trust vote and dictating terms to the Assembly.
He said directions of the Governor are completely contrary and ex-facie in contravention of apex court's earlier verdict. Claiming that the Governor was overreaching his power, the petition said: "The debates on the motion are currently ongoing and the House is in session. The Speaker has opined that the division will take place only at the end of the debate. "In these circumstances, the Governor cannot dictate to the House the manner in which the debate of the confidence motion has to be taken up."
Kumaraswamy claimed that the Governor sent a communication directing that the confidence motion and the trust vote should be held before 1.30 p.m. on July 19.
"It is respectfully submitted that no such direction could have been issued by the Governor when the confidence motion has already been initiated," said the petition.
The Jantha Dal-Secular presently has 37 MLAs in the Karnataka Assembly.
The JD-S chief contends that his party has a constitutional right to issue a whip to its legislators.
"The exercise of this right under the Constitution is not circumscribed by any condition nor can it be subject to any restrictive qua timet orders even prior to the issuance of the whip," Kumaraswamy argued.
The Chief Minister also sought clarification of the apex court's July 17 order that the 15 rebel MLAs can't be compelled to attend Assembly proceedings.
The Governor had on Thursday set a deadline of 1:30 PM on Friday for the conclusion of the trust vote, which was not met. Thereafter, Vala again sent a communication extending the deadline till 6:00 pm.
Karnataka is facing a political crisis after several Congress and JD-S MLAs resigned from the House or joined hands with the BJP in a bid to pull down the Congress-JD-S coalition government.