In its earlier hearing into the matter, SC had asked whether the Speaker has the power to challenge its order, while hearing a plea moved by Karnataka Assembly Speaker against the top court order asking him to take a decision on the resignation of 10 rebel MLAs on Thursday. The MLAs told the bench on Friday that the speaker had not taken any decision on their decision to step down, adding that he had no immunity with regard to the acceptance of the resignations.
Even Karnataka Chief Minister HD Kumaraswamy has said that he is ready to prove majority on floor of the house if Speaker permits. "Today there are many things happening in our state's politics because of the decisions of many MLAs, which has created a difficult situation. I am not here to sit in power, I appeal to you that in light of the developments I want to move a trust motion," he said.
However, the counsel appearing for the Karnataka Assembly speaker said he was constitutionally obligated to decide on a plea for disqualification of the rebel MLAs. Mukul Rohatgi, member of rebel MLAs' counsel, has submitted to the apex court that the Speaker is answerable to this court, except under certain circumstances. "He may not respond under certain sections and provisions, he is entitled exemption," he said.
Congress leader and senior advocate Abhishek Manu Singhvi argued that these MLAs' intention in giving resignation is something different, and it is to avoid disqualification. Dr Rajeev Dhavan, arguing for Karnataka CM, objects to the submissions of the rebel MLAs that the speaker has acted in a mala-fide manner.