New Delhi: Karnataka Congress President Dinesh Gundu Rao on Friday moved the Supreme Court challenging its July 17 order which permitted 15 dissident MLAs of the Congress and JD-S to opt out of Assembly session.
The Congress claims that the apex court order has whittled down its power to issue a whip, which is guaranteed under the 10th Schedule of the Constitution.
The Congress leader said in his petition that "as a result of the order dated July 17, the constitutional rights of the Applicant (Congress) under the 10th Schedule are vitally affected and as such the instant application is being moved".
The Congress contends that the court order had been passed without even arraying the Congress Legislature Party which presently has 79 members.
Defending its stand challenging the court order, the Congress said that under the 10th Schedule, a political party has a constitutional right to issue a whip to its legislators.
"The exercise of this right under the Constitution is not circumscribed by any condition nor can it be subject to any restrictive orders from the court even prior to the issuance of the whip," said the petition.
Karnataka is facing a political crisis with several Congress and Janata Dal-Secular MLAs resigning from the House or joining hands with the BJP in a bid to pull down the government of Chief Minister H.D. Kumaraswamy.