Karnataka MLAs disqualification: SC agrees to hear plea to postpone bypolls
- Shruti Sundar Ray
- Nov 9, 2019
- 2 min read
The 17 former members had approached the Supreme Court for review of their disqualification from the Karnataka Legislative Assembly in July
The Supreme Court on Friday agreed to hear on November 13 a petition filed by the 17 Members of Legislative Assembly (MLAs) from Karnataka to further postpone by-elections in the state, that are scheduled for December 5.
The model code of conduct for the December elections has already been notified by the Election Commission and the candidates are required to file nomination papers before November 18.
The 17 MLAs had earlier moved the Supreme Court challenging their disqualification in July by the then Speaker of the Karnataka Legislative Assembly KR Ramesh Kumar who had rejected their resignations. The MLAs have sought to defer the bypolls for 15 assembly seats until the pronouncement of the Supreme Court verdict, which has been reserved since the disqualification debars them from contesting the elections.
The by-elections were initially scheduled for October 21 but were postponed to December 5 due to pendency of the decision on petitions of the disqualified legislators.
The MLAs, belonging to the Indian National Congress and Janata Dal (Secular), had been absent from the house, in defiance of their party whips on the day of the vote on the confidence motion for the then Chief Minister HD Kumaraswamy’s vote of confidence. This had effectively caused the government to fall and brought the present Bharatiya Janata Party (BJP)-led government with the present Chief Minister BS Yediyurappa to power.
The rebel MLAs had been disqualified by the Speaker on grounds of violation of the anti-defection law, that prevents elected Members of Parliament and Legislative Assemblies from switching their party affiliations in the middle of their term of office. The rationale is that the public had voted them into power on one party’s ticket, whose mandate they are expected to carry through till the completion of their five-year term. The law is also expected to curb the practice of horse-trading or party-hopping on the basis of financial or other inducements and perks.
The Supreme Court had on Wednesday refused a request by the Congress to bring on record a tape, which allegedly shows Yediyurappa saying that the MLAs had been kept in Mumbai under BJP watch prior to the confidence vote.
In another matter of disqualification of MLAs, the President Ram Nath Kovind on Wednesday rejected a petition to disqualify 11 MLAs of Aam Aadmi Party (AAP) claiming that by being co-chairpersons of district disaster management authorities, they were enjoying offices of profit.
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