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MLAs don't have indefeasable right to resign : Rajiv Dhawan on Karnataka disqualified MLA's

Senior advocate Rajeev Dhawan, in the second day of hearing in the Karnataka MLAs disqualification case, said that the MLAs were elected by the people and weren't civil servants who would have the indefeasible right to resign.

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Published : Oct 25, 2019, 2:51 PM IST

Representative Image of Senior Advocate Rajeev Dhawa

New Delhi: Objecting to Senior Advocate Mukul Rohtagi's statement that it was MLAs indefeasible right to resign, Senior Advocate Rajeev Dhawan contended today that it wasn't so and it was a privilege that was granted to the MLAs.

MLAs don't have indefeasable right to resign : Rajiv Dhawan on Karnataka disqualified MLA's

Appearing for the former speaker, Senior Advocate Rajeev Dhawan said that the MLAs were elected by the people and weren't a civil servant who would have the indefeasible right.

Contending further he said that, the post of MLAs is of constitutional eminence and there was a motive behind the resignations.

"A government was toppled, there was a group of people who wanted to resign, they were allowed to come to this court. It doesn't matter whose plane it was, they were off to Mumbai," added Dhawan.

He also said that relying on newspapers applied on the judges but that did not apply to the former speaker. He said that anybody in India would know what was happening in Karnataka, the speaker knows what is happening in assembly.

The MLAs had argued that a minimum 7 days of time which has to be given to them for a reply was not given to which Dhawan said that it is regulatory and not mandatory to give 7 days. He cited SC observations to prove his point.

Justice Ramana had said yesterday that the hearing should be over by today but Senior Advocate Kapil Sibal will make his submissions tomorrow.

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