Decide disqualification issue by May 27: HC to Speaker

The High Court of Karnataka on Monday asked the Speaker of the Legislative Assembly to decide on or before May 27 the plea of Janata Dal (Secular) to disqualify seven MLAs for violating the whip issued to vote for party’s candidate in the Rajya Sabha elections held in 2016.

A vacation Division Bench comprising Justice B. Veerappa and Justice S. Sunil Dutt Yadav delivered the verdict while disposing of appeals, filed by the Speaker and the seven former MLAs of the JD(S), against the April 24 verdict of a single judge, which had directed the Speaker to decide on the plea for disqualification on or before May 7.

The Division Bench passed the order after a memo, filed on behalf of the Speaker, indicated that the Speaker would resume hearing on the plea for disqualification and take a final decision before the term of the Speaker expires on May 27.

The memo in this regard was filed after the Division Bench reserved its verdict after completion of the arguments on behalf of the Speaker and the seven former legislators of JD(S) — B.Z. Zameer Ahmed Khan, N. Cheluvarayaswamy, A.B. Ramesh Bandisidde Gowda, H.C. Balakrishna, Akhanda Srinivasa Murthy R., Iqbal Ansari, and S. Bheema Naik. These seven legislators had resigned from their position when a petition was pending before the single judge.

Taking Speaker’s memo, expressing his will to decide the disqualification plea by May 27, on record, the Division Bench observed that “...at last the Hon’ble Speaker has exhibited his institutional responsibility to discharge his constitutional obligation.”

Though the Division Bench expunged certain adverse remarks/observations made by the single judge, it has upheld all the other finding of the single judge, who had held that the High Court has the power under Article 226 of the Constitution to request the Speaker of the Legislative Assembly to dispose of the petition for disqualification at the earliest in the interest of justice and to maintain the majesty of the office of the Speaker of the Assembly.

Observing that having regard to the principles of democracy and the intent of the Parliament in introducing the 10th Schedule in the Constitution to strengthen the faith, trust and confidence in the system, the Bench said “we hope and trust that the Speaker shall decide the plea for disqualification expeditiously and in terms of the memo.”