Karnataka Congress chief Dinesh Gundu Rao Friday moved the Supreme Court, saying its July 17 order compromises party's right to issue whip to its MLAs.
Rao said that the top court order "whittles down" the power of a political party to issue whip to its MLAs. He sought clarification on the Supreme Court order that had said rebel MLAs can't be compelled to participate in ongoing Assembly proceedings.
"Political party has a constitutional right to issue whip and court can't restrict it," Rao said in his petition to the Supreme Court.
Further, in the plea, it is stated that the order was passed without involving the Congress legislature party, which presently has 79 MLAs in the Karnataka Assembly.
"It is respectfully submitted that as a result of the order dated July 17, the constitutional rights of the applicant under the Tenth Schedule are vitally affected and as such the instant Application is being moved," it said.
The Congress, while referring to a judgement delivered by a constitution bench of the apex court, submitted that any interpretation of the order of July 17 "which whittles down the power of a political party to issue a whip to its legislators would be in the teeth of the provisions of the Tenth Schedule of the Constitution".
The Karnataka Congress also said since it was not a party in the pending pleas of rebel MLAs in which July 17 order was passed, it should be impleaded as a party in the matter.
On July 17, the apex court had said that the 15 rebel Congress-JD(S) MLAs in Karnataka "ought not" to be compelled to participate in the proceedings of the ongoing session of the state Assembly and an option should be given to them as to whether they wanted to take part or stay out of it.
A bench headed by Chief Justice Ranjan Gogoi had said that Karnataka Assembly Speaker K R Ramesh Kumar will decide on the resignation of the 15 MLAs within such time-frame as considered appropriate by him.