The Supreme Court has agreed to hear the plea recently filed by MLAs from Karnataka challenging their disqualification from the state assembly..The Bench led by Justice NV Ramana issued notice in the petitions, and agreed to continue hearing the matter on Wednesday, September 25..The resignation of the 17 MLAs from the Congress and JD(S) parties eventually brought down the HD Kumaraswamy-led regime in Karnataka in July this year. They were thereafter disqualified on grounds of defection by former Speaker, KR Ramesh..On Saturday, the Election Commission notified the date for the conduct of by polls to 15 seats in the state..The disqualified MLAs, represented by Senior Counsel Mukul Rohatgi, today sought a stay on the by polls in the interim. The by polls in Karnataka for the vacant seats are scheduled to be held on October 21, while the last date for filing nominations is September 30. In the event that the by polls are not stayed, Rohatgi prayed for the disqualified MLAs be allowed to contest in the upcoming elections..Rohatgi submitted that though the legislators resigned out of their own free will, the same was not accepted. Instead the Speaker disqualified them and barred them from contesting elections..Challenging this order of the ex-Speaker, Rohatgi said that the due procedure was not followed vis-à-vis acceptance of resignation. Therefore, he contended that the ex-legislators cannot be barred from contesting for the entire life of the Assembly..Rohatgi argued that under the provisions of the Constitution, these ex-legislators are still entitled to contest the by polls. He submitted,.“Our case is that these new eletions announced where the last day of nomination is Monday should be stayed. If the matter can’t be decided in these days till then, I should be allowed, without prejudice to contest elections.”.Senior Advocate and Congress leader Kapil Sibal opposed the plea, while the Election Commission represented by Senior Counsel Rakesh Dwivedi maintained that the by polls cannot be stayed. He said,.“The EC has no say in disqualification, but whether it is disqualification or resignation, either way vacancy is there so by-elections should not be stayed.”.The hearing in the matter will continue on Wednesday..On July 10, ten rebel MLAs of the Congress and the JD(S) in Karnataka approached the Supreme Court challenging the delay by the Speaker of State Assembly in accepting their resignations..When the matter came up for hearing on July 11, the Court directed the Speaker of the Karnataka Legislative Assembly KR Ramesh Kumar to decide on the resignations tendered by the rebel MLAs..Hours later, however, the Speaker moved the Supreme Court seeking recall of this order. When the matter came up for hearing again on July 12, the Court ordered that status quo be maintained by the Speaker with respect to the resignations by rebel MLAs and the disqualification proceedings against them.
The Supreme Court has agreed to hear the plea recently filed by MLAs from Karnataka challenging their disqualification from the state assembly..The Bench led by Justice NV Ramana issued notice in the petitions, and agreed to continue hearing the matter on Wednesday, September 25..The resignation of the 17 MLAs from the Congress and JD(S) parties eventually brought down the HD Kumaraswamy-led regime in Karnataka in July this year. They were thereafter disqualified on grounds of defection by former Speaker, KR Ramesh..On Saturday, the Election Commission notified the date for the conduct of by polls to 15 seats in the state..The disqualified MLAs, represented by Senior Counsel Mukul Rohatgi, today sought a stay on the by polls in the interim. The by polls in Karnataka for the vacant seats are scheduled to be held on October 21, while the last date for filing nominations is September 30. In the event that the by polls are not stayed, Rohatgi prayed for the disqualified MLAs be allowed to contest in the upcoming elections..Rohatgi submitted that though the legislators resigned out of their own free will, the same was not accepted. Instead the Speaker disqualified them and barred them from contesting elections..Challenging this order of the ex-Speaker, Rohatgi said that the due procedure was not followed vis-à-vis acceptance of resignation. Therefore, he contended that the ex-legislators cannot be barred from contesting for the entire life of the Assembly..Rohatgi argued that under the provisions of the Constitution, these ex-legislators are still entitled to contest the by polls. He submitted,.“Our case is that these new eletions announced where the last day of nomination is Monday should be stayed. If the matter can’t be decided in these days till then, I should be allowed, without prejudice to contest elections.”.Senior Advocate and Congress leader Kapil Sibal opposed the plea, while the Election Commission represented by Senior Counsel Rakesh Dwivedi maintained that the by polls cannot be stayed. He said,.“The EC has no say in disqualification, but whether it is disqualification or resignation, either way vacancy is there so by-elections should not be stayed.”.The hearing in the matter will continue on Wednesday..On July 10, ten rebel MLAs of the Congress and the JD(S) in Karnataka approached the Supreme Court challenging the delay by the Speaker of State Assembly in accepting their resignations..When the matter came up for hearing on July 11, the Court directed the Speaker of the Karnataka Legislative Assembly KR Ramesh Kumar to decide on the resignations tendered by the rebel MLAs..Hours later, however, the Speaker moved the Supreme Court seeking recall of this order. When the matter came up for hearing again on July 12, the Court ordered that status quo be maintained by the Speaker with respect to the resignations by rebel MLAs and the disqualification proceedings against them.
