A three-judge bench, headed by Justice N V Ramana, said that it will hear the plea on September 25.The Supreme Court Monday agreed to hear the petition of 17 disqualified Karnataka MLAs who are seeking to contest in the upcoming bypolls on 15 Assembly seats in the state. The apex court also asked the Election Commission to respond to the petition of the MLAs who want the bypolls on their seats suspended till a decision is taken on their appeal against disqualification.
A three-judge bench, headed by Justice N V Ramana, said that it would hear the plea on September 25. Bypolls for 15 Assembly seats in Karnataka will be held on October 21 and results will be declared on October 24.
The bypolls were necessitated due to the disqualification of these legislators by then Speaker K R Ramesh Kumar in July this year. Their absence from the House during the trust vote had led to the collapse of the Congress-JD(S) alliance led by H D Kumaraswamy and helped the BJP assume power.
Appearing on behalf of the disqualified MLAs, senior advocate Mukul Rohatgi said according to the disqualification orders, the MLA’s cannot contest elections for the remaining term of the current Assembly.
Meanwhile, the counsel representing the Election Commission told the bench that bypolls for 15 Assembly seats had been notified and the court should not stay the elections. It also said that Speaker’s order cannot deprive the disqualified MLA’s of their right to contest bypolls.
Some of the MLAs in their petitions have said that the decision taken by Kumar was entirely illegal, arbitrary and mala fide exercise of his power under the 10th Schedule of the Constitution.
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They have also questioned Kumar’s decision to reject their resignations by holding that those were not voluntary and genuine. Of 15 constituencies going to the bypolls, 12 were represented by the Congress and three by JD(S).
While the then Speaker had disqualified 17 MLAs under the anti-defection law, bypolls will not be held for Rajarajeshwari Nagar and Maski seats on October 21 since 2018 election-related cases are pending in court.
The disqualified MLAs are hoping that the BJP will give tickets to their family members, or people of their choice, to contest the polls in case the apex court decides against interfering with the Speaker’s disqualification orders at an early date before nomination ends.
