Karnataka MLAs: Election Commission agrees to defer by polls in 15 constituencies as disqualification of MLAs remains undecided

The Election Commission of India (ECI) today told the Supreme Court that it has agreed to defer by-elections in 15 constituencies in Karnataka even as the petitions challenging the disqualification of MLAs remains pending before the Court..Senior Counsel Rakesh Dwivedi, representing the ECI, told the Court that he would advise the body to defer the polls. At this point, the Court expressed its inclination to finish hearing the case and decide the matter once and for all..The ECI maintained that in any condition, the existence of vacancy remains, thereby creating the need for holding bypolls. Therefore, the interim relief sought for suspension of declaration of polls must not be considered. Dwivedi argued that if polls are cancelled, all these constituencies will remain unrepresented..“Suppose it’s held that election should not be held, the constituency will remain unrepresented. On the one hand there is the right of an individual to represent a constituency, there is also the right of the constituency to be represented.”.The by polls were scheduled to be held on October 21 and the last date for filing nomination, according to the notification of the ECI, was September 30..However, the hearing in the case is still underway, with sone parties yet to make their arguments. Justice Sanjiv Khanna, who is on the Bench with Justices NV Ramana and Krishna Murari, said that since two-thirds of the arguments in the case have been completed, it would be favourable if the Court concluded the hearing and decided on the question once and for all..Senior Counsel Kapil Sibal, representing the Congress leaders in the case, submitted that he was not opposed to the deferring of by polls, considering that the ECI has a time period of six months to hold by polls from the date a vacancy gets created..The Court thus adjourned the hearing in the case to October 22..In July this year, petitions were filed by 17 ex-MLAs of Karnataka challenging their disqualification by the previous Speaker of the Assembly.On the last date of hearing, Solicitor General Tushar Mehta, arguing for current Speaker Vishweshwar Hegde Kageri, batted for the right of an MLA to resign.