Speaker disqualifies 3 MLAs, bars them from fray till 2023

BENGALURU: Karnataka assembly speaker KR Ramesh Kumar on Thursday disqualified three of the 17 rebel Congress-JD(S) MLAs under the anti-defection law and kept 14 cases pending. The three MLAs — all seen as ministerial aspirants should BJP form the next government — ceased to be MLAs with immediate effect and are barred from contesting elections till 2023.

The unexpected announcement late Thursday evening added to the ongoing political uncertainty in the state with the state BJP, led by the 76-year old BS Yeddyurappa, yet to meet the governor to stake claim to form the government. The all-important go-ahead from the BJP central leadership hadn’t come till late in the night.
Earlier, at a press conference, the speaker disqualified two Congress MLAs — Ramesh L Jarkiholi (Gokak) and Mahesh Kumathalli (Athani) — and KPJP MLA R Shankar (Ranebennur) who had recently joined Congress before taking over as minister in the JD(S)-Congress government. They have been disqualified under Schedule 10 of the Constitution till May 23, 2023 when the tenure of the current assembly ends.
Since Shankar, recognised as an independent, had “merged” his party with Congress, he faced action on the Congress’ petition to disqualify rebels, Kumar said.
“I have examined the resignations and I found that they are not voluntary in nature. Hence, they are punished for the rest of their term in the House,” Kumar said in response to a question, pointing out that disqualification amounted to admonishment. “The three disqualified MLAs cannot contest assembly elections till such time (the assembly ends).”
Kumar, however, added that the Election Commission would take a final call on the tenure of disqualification after a petition is moved by Congress. BJP leaders, on the other hand, quoted chief election commissioner OP Rawat in 2018 and said there was no bar on disqualified legislators entering the fray as and when bypolls are held. They cited a case pertaining to disqualified AIADMK MLAs in Tamil Nadu.
The matter is set to shift to Supreme Court as the disqualified MLAs are expected to move court on Friday against the speaker’s order.
“Now that the speaker, who is quasi-tribunal, has given his verdict, it is up to the court to review his order. The disqualified members are allowed to move court against the decision and the court’s order is going to be final,” said Constitution expert Subhash C Kashyap.
BJP now 6 short of majority to form govt
With the disqualifications, the strength of the Karnataka assembly is now 222 and the magic number is 112, leaving BJP short of six votes to prove its majority if it stakes claim to form the government.
All eyes are now on what call the speaker takes on the pending resignations. Explaining the disqualifications, Kumar said Shankar had merged his party, Karnataka Prajakiya Janata Party (KPJP) with Congress, and later extended support to BJP while submitting his resignation to the governor as minister. CLP leader Siddaramaiah and Congress president Dinesh Gundurao had filed a complaint to the speaker against him. Jarkiholi and Kumatahalli were disqualified on the basis of a petition moved by Siddaramaiah and Gundurao in February this year for violating whip and skipping a legislature party meeting. “There were also inconsistencies in their statements after submitting their resignations,” Kumar said.
Congress leader Dinesh Gundurao took to Twitter to welcome the decision of the speaker. “Speaker #RameshKumar disqualifies 3 MLAs...for the entire term of the present Karnataka Vidhana Sabha. Wholeheartedly welcome the verdict. #VictoryForDemocracy,” he tweeted.