Memorandum submitted by NDA leaders to the Prime Minister on Karnataka issue

published on May 17, 2011

Dr. Manmohan Singh
Hon’ble Prime Minister of India
7, Race Course RoadNew Delhi-110 001

Dear Prime Minister,

On behalf of the National Democratic Alliance we are constrained to approach you on account of the gross Constitutional improprieties being committed by the Governor of Karnataka.  Ever since he has been appointed as a Governor, Shri H.R. Bhardwaj, has been trying to generate one controversy after another.  He publicly declares his affiliation to a party.  His statements clearly indicate that he is not and cannot be politically detached.

In October 2010 Shri Bhardwaj had recommended the invocation of President’s Rule under Article 356 of the Constitution.  The Central Government was circumspect about the recommendations and therefore, the Governor’s recommendation was eventually not accepted.  Since then the popularity of the State Government has not been in doubt.  The BJP under the leadership of Shri B.S.Yeddyurappa has swept through most bye elections, municipal elections and Panchayat polls.  After disqualification of 16 MLAs the effective strength of the House was 207.  The BJP on 13th May, 2011 had a support of 110 in a House of 207.

On 13th May, 2011 the Hon’ble Supreme Court pronounced a Judgement in the case of disqualified MLAs.  The Hon’ble Speaker of Karnataka Assembly had taken a view that two sets of MLAs (16 in No.) were liable to be disqualified.  11 MLAs were disqualified on grounds of relinquishing the membership of BJP.  Five independent MLAs were disqualified for having joined a political party.  The High Court of Karnataka upheld the disqualification of MLAs and concurred with the view of the Speaker.  The Hon’ble Supreme Court took a different view and restored the membership of all the 16 MLAs.  The Supreme Court held that 11 of these MLAs were always members of the BJP and continued to be so.  They are bound by the Whip of the BJP.  Similarly the membership of five MLAs was also restored.  The 11 disqualified MLAs after the removal of their disqualification have already announced their support to the BJP.  They have written to the Governor of Karnataka that they withdraw their complaint dated 6.10.2010 and continue to support the BJP Government lead by Shri B.S.Yeddyurrappa.

The Governor has committed a series of improprieties and unconstitutionalities.  Even though the Government enjoys majority support, the Governor failed to follow the advice of the Council of Ministers in convening the State Assembly on 16.05.2011.  A Governor has no jurisdiction or authority to decline to accept the advice of the Council of Ministers which has a popular majority to convene a session of the Assembly. He gives interviews to the media that a floor test in Karnataka is not the best test.  He is now believed to have written to the Government of India purportedly proposing action under Article 356 of the Constitution.  There is no basis for his doing so. 

This is not the first time that the Governor of Karnataka, Shri H. R. Bhardwaj tried to create a political controversy when nothing exists.  We on behalf of the National Democratic Alliance are constrained to approach you requesting the Central Government to out-rightly reject the Governor’s recommendation.  We are further appealing to you that Shri H. R. Bhardwaj should not be continued as a Governor and steps should be initiated to recall him.  His actions, attitude and temperament does not suit the detached office of a Governor.

Yours sincerely, 

(L.K. Advani) -Working President, NDA

(Nitin Gadkari)- President, BJP

(Sharad Yadav) -Convenor, NDA

(Sushma Swaraj) – Leader of Opposition (Lok Sabha)

 (Arun Jaitley) – Leader of Opposition (Rajya Sabha)

(S.S. Ahluwalia) – Dy. Leader (RS) 

(Anant Kumar)  – MP, LS

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