13 Oct,2010

Karnataka echoes Goa?
Those who have been closely observing the tumultuous events in neighbouring Karnataka could not but have noticed that Monday’s drama in Bangalore’s Vidhan Soudha bore an uncanny similarity with events in the Goa Legislative Assembly during February 2005, which led to Manohar Parrikar’s government being dismissed by the then Goa Governor S C Jamir.
It was the Bharatiya Janata Party’s (BJP’s) Vishwas Satarkar who, as Speaker, tried to disqualify independent MLA Filipe Neri Rodrigues, after four BJP legislators – Monserrate, Pacheco, Isidore Fernandes and Pandurang Madkaikar – resigned from the Assembly, and Maharashtrawadi Gomantak Party (MGP) leader Ramakrishna alias Sudin Dhavlikar and independent MLA Filipe Neri Rodrigues withdrew their support to the government, bringing the BJP’s strength in a 36-member Assembly down to 17 (including the Speaker). The Congress had 18. Tourism Minister Matanhy Saldanha was away in Spain and, against his party’s wishes, supported Parrikar. This made both sides equal, but the BJP was minus the Speaker’s ballot, and would have lost the confidence vote.
Unable to induce any of the opposition to defect, two BJP MLAs filed petitions for disqualification of Filipe Neri Rodrigues, claiming that he had ‘joined the BJP’ in 2002. Speaker Vishwas Satarkar issued a notice to Neri to appear before him in connection with the disqualification petition. But Neri informed the Speaker that he would meet him only after the session.
Just before the confidence vote, Satarkar invoked Rule 289, accused Neri of disorderly behaviour, and had him evicted from the House. This threw the assembly into chaos, in the midst of which the Speaker put the motion to vote. In the melee, Dhavlikar, who stood up to protect Neri, was also counted ‘in favour’ of the motion, taking the BJP’s tally in a so-called voice vote to 18, while only six members were recorded as having opposed it. The Speaker then adjourned the Assembly sine die and the ruling party members left.
But Jamir acted fast. The order of dismissal of the government reached Parrikar within an hour, and Rane was hurriedly sworn in as Chief Minister at 11.30pm that night.
In Karnataka, the numbers were stacked against the ruling BJP. The Assembly’s total strength is 224. The BJP had exactly 106. Minus the Speaker, it was 105. This meant that the strength of the House had to be brought down to 208 for the BJP to have a majority. The 16 MLAs that were in the dissident camp were therefore served notices on Saturday, asked to appear before the Speaker on Sunday, and disqualified on Monday, before the confidence vote.
Under the 10th Schedule of the Constitution, an MLA becomes liable for disqualification if (s)he voluntarily gives up membership of the party or votes against an express direction given by the party. The rebel MLAs had written to the Governor withdrawing their support to Chief Minister B S Yedyurappa (not the party) on grounds of corruption and nepotism. Strictly, this does not amount to either of the above two actions. It might have, after they had voted against the government, but not before. But in any eventuality, disqualification can only apply to the 11 BJP MLAs among the rebels, not to the five independent MLAs, who are free to vote as they wish and to support whoever they wish. Their disqualification is a total travesty.
What happens now? Governor H R Bharadwaj has called for a second confidence vote on Thursday, but the High Court has adjourned the writs challenging the disqualification to next Monday.
In Goa, it all ended when Speaker Satarkar resigned after disqualifying Filipe Neri, and interim Speaker Francisco Sardinha disqualified Matanhy Saldhana in retaliation. That’s when the Centre imposed President’s Rule. What will happen in Karnataka…?