A two-judge bench consisting of Justice RK Agarwal and Justice Rohington Fali Nariman which perused the matter has questioned the Speaker of the Assembly Mr S Madhusudana Chary of how much time he needed to dispose off the petition. The Bench has given time till November 8th and as the deadline ended the bench sought the view of the counsels.
The Attorney General contended that the courts cannot intervene in the matter when the matter is still pending with the speaker. Whatever may be the time factor, the courts cannot decide on it, he said. He quoted the judgments given by the apex court in the past.
The Bench questioned that the matter cannot go on pending before the Speaker for years together. “ Can the MLAs who have sworn-in as per the constitutional norms, t violate it and can the Chief ministers be mute spectators for such an act?” the Bench asked.
After hearing the arguments, the Bench decided to transfer the case to a wider bench. Congress MLA Mr Sampath Kumar, who filed the case alleged that political reasons are key to defection and such MLAs have no moral or constitutional right to continue and they be disqualified. He said that such MLAs can re-enter after winning the people’s confidence”