Thiruvananthapuram, Friday 19 June 2009: Whether they like it or not, Janata Dal (Secular) legislators, who have requested the Speaker to seat them as a separate bloc in the Kerala Assembly, would have to remain part of the treasury benches, perhaps till the party national leadership takes a decision to do so.

The Speaker’s office on Thursday confirmed receipt of letters from JD(S) national president H. D. Deve Gowda stating that his party legislators would sit as part of the ruling Left Democratic Front (LDF) bloc till a decision to the contrary was taken and a letter from the JD(S) Legislature Party leader K.P. Mohnan requesting the Speaker to allot separate seating for the JD(S) legislators.

Since the requests are contradictory, the Speaker may choose to hear both sides before he formally announces his decision in the matter.
The Speaker need not actually do so as under the Tenth Schedule of the Constitution, known popularly as Anti-Defection Law, it is the decision of the party that would prevail in such a situation. Since Mr. Gowda has informed the Speaker that his party’s decision is to remain in the LDF bloc, the Speaker would have to grant his request and turn down that of the JD(S) Legislature Party.

Speaker K. Radhakrishnan, who is outside the State capital, told The Hindu over phone that though the legal position was very clear, he would take a decision only after looking at the arguments of both the sides.

Mr. Radhakrishnan is scheduled to reach here only on Saturday and the Assembly session will commence on June 22.