Former minister and Congress leader Basavaraj Rayareddy stated on Friday that the party is seriously thinking about filing a habeas corpus writ petition before the High Court, in connection with resigned MLAs who are staying in Mumbai.
"If they do not return to attend the Assembly session, habeas corpus is an option. Even I can also file that writ petition, to save democracy," he said.
Speaking to media persons here, Rayareddy noted that following the party's whip is a bounded duty of disgruntled MLAs, as their resignations are not accepted, and they have to attend the Assembly Session by Monday.
If disgruntled Congress MLAs do not follow the party whip, they may get disqualified as anti-defection law would be applicable, he felt.
'Resignations will be rejected'
Expressing confidence that Legislative Assembly speaker K R Ramesh Kumar would reject the resignations of MLAs, Rayareddy stated that the speaker cannot accept the resignations if they are not really genuine and voluntary.
The Supreme Court cannot give directions to the Speaker in this issue, as Parliament and Legislature have immunity under Article 212 of the Constitution, he said.
'BJP's role'
"BJP leader's aircraft used to ferry MLAs to Mumbai, and BJP MLAs and MLCs coming for their protection show that BJP is encouraging party hopping. There should be some pressure on MLAs, as they reigned together and are staying together in Mumbai. By creating disturbance, BJP may try to misuse Article 356 to keep the Assembly in suspended animation," Rayareddy charged.
If MLAs had felt that they were not safe here, they should have informed the speaker earlier itself, instead of going to Mumbai,he said.
If K Sudhakar feels that somebody threatened or manhandled him at Vidhan Soudha on Thursday, let him file a criminal complaint. But, BJP leaders have nothing to do with our MLAs. If they are so sure that the government is reduced to a minority, let them move a no-confidence motion, Rayareddy challenged.
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