BENGALURU: With BJP MLA ST Somashekar cross voting for the Congress in Tuesday’s Rajya Sabha polls, the Opposition party is now exploring legal action against him for violating the party whip.
Leader of Opposition R Ashoka said they had anticipated that Somashekar would cross-vote in the polls. “Whatever he has done, it is political suicide. We had issued a whip; messages were sent to MLAs’ phones and even to their personal assistants about the whip. We were in touch with them till Tuesday morning. He (Somashekar) has not only deceived our party, but the people who voted for him,” he said.
BJP’s legal cell head Vivek Reddy said Somashekar’s move comes under the purview of the anti-defection law and he can lose his Assembly membership. The party has decided to approach the Assembly Speaker and seek action against the MLA. “If the Speaker delays, we can go to the High Court and even the Supreme Court,” Reddy said.
Expressing displeasure against Somashekar, Ashoka added that the MLA could have resigned from the party and Assembly membership, like former CM Jagadish Shettar who resigned as MLC and later returned to the BJP. “The party has given everything to Somashekar. He was made minister and was Mysuru district in-charge minister. When I spoke to him on Monday, he had said he will not deceive the party. We will take legal action against him,” he said.
BJP senior leader and MLC N Ravi kumar said Somashekar enjoyed power only after joining the BJP. “It was he who had come to the BJP. We will bring it to the notice of the party high command,” he said.
Meanwhile, Deputy Chief Minister DK Shivakumar said, “Alliance (BJP-JDS) MLAs who were seeking conscience vote have become conscience vote givers.” He also said he is not aware of Somashekar’s cross-voting.
When asked if there is legal support to those who have cast conscience votes for Congress candidates, Shivakumar said he will speak about this when it happens. “Somashekar cast his vote as per his conscience. It’s a vote against the unholy BJP-JDS alliance. The general public, graduates and teachers rejected the alliance in the recent bypolls of the teachers’ constituency, where the Congress member won,” he said.
Action after talks with BJP state chief: Joshi
Kolar: Action will be taken against the legislator who cross voted in the Rajya Sabha election on Tuesday, said Union Minister Pralhad Joshi. He told reporters at KGF that after discussions with BJP state president BY Vijayendra, action will be taken against MLA Somashekar for cross voting as well as MLA Shivaram Hebbar, who abstained from voting. Joshi said the action of both the MLAs shows that they will not stay for long in one party, and the BJP will take action immediately. To a question that both may join the Congress, he said, “Let’s see what happens.” On MLA
G Janardhana Reddy, Joshi said the mining baron is an independent and voted according to his choice.
‘Violation in RS voting not same as one in House’
What happens, legally speaking, to BJP MLA ST Somashekar, who cross-voted in favour of Ajay Maken of Congress in the Rajya Sabha elections held at Vidhana Soudha on Tuesday?
Supreme Court advocate KV Dhananjay said, “Legally speaking, elections to the Rajya Sabha are not covered in the 10th Schedule of the Constitution.”
Asked whether any action can be taken against Somashekar, Dhananjay said the political party can take action against an MLA or MP. A violation of a whip issued by BJP to vote for a certain candidate is not the same as a violation of a whip during a no-confidence motion in the House, he pointed out.
If Somashekar resigns, he could be disqualified under the 10th Schedule. If he gives up membership, then BJP can complain to the Speaker.
If BJP issues a show-cause notice to its MLA, hears him and expels him, he will continue to be an MLA. He will be bound by the future whip of the party. In the future, if BJP issues a whip to its MLAs in the House, such a whip will also be binding on the MLA. If the Speaker disqualifies an MLA, a bypoll will be held, and the disqualified MLA will be eligible to contest the bypoll.
