give an idea of the issues which were earnestly discussed during the constitution making process.
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Answer:
The issues before the court were clear. The rebel MLAs claimed that they were not defecting but resigning from the Assembly in order to seek a fresh mandate as they were fed up with the “maladministration” by the JD(S)-Congress coalition ruling the State. Under Article 190 (3)(b) of the Constitution, if a member of the State legislature resigns his or her seat by writing to the Speaker, and if the latter accepts it, then the seat falls vacant. This Article is qualified by a proviso which says:
“Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.”
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