The Supreme Court on Thursday allowed a plea by two Independent MLAs from Karnataka for closing the hearing on their petition for conducting the trust vote in the state Assembly as it had already taken place on July 23, leading to exit of the JD(S)-Congress coalition government.
A bench presided over by Chief Justice Ranjan Gogoi, however, did not fail to bat an eyelid, to point out again that senior advocate Mukul Rohatgi, who represented the petitioners, was not present.
Senior advocates Rajeev Dhavan and Abhishek Manu Singhvi, who represented caretaker chief minister H D Kumaraswamy and Assembly Speaker K R Ramesh Kumar, submitted that they were present as the court desired it on Wednesday.
Dhavan said Rohatgi was out of Delhi so he could not be here.
“When it comes to mentioning, you come at midnight and seek midnight hearing,” the bench observed.
“If he has chosen not to appear, it is alright. We allow the plea,” the bench added.
As soon as the bench assembled, Singhvi appeared before the CJI-led bench, also comprising Justices Deepak Gupta and Aniruddha Bose. He pointed out he could not appear on Wednesday as he was arguing a matter in the other court.
“We will pass the order, if you are not objecting to the prayer of withdrawal,” the bench then said.
MLAs R Shankar and H Nagesh, represented by advocate Diksha Rai, contended that the matter should be closed since their writ petition for direction to conduct the floor test forthwith in the Assembly has been addressed.
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