BENGALURU: After more than a month of uncertainty over their standing in Karnataka politics, 17 disqualified MLAs finally have a shot at winning a favourable outcome.
The Election Commission (EC) told the Supreme Court on Monday that now-former speaker KR Ramesh Kumar’s order to disqualify the Congress-JD(S) rebels from the assembly should not deprive them of their right to contest the upcoming bypolls to 15 segments. The court agreed to hear on Wednesday the rebels’ pleas against Kumar’s decision and for contesting the October 21 elections.
The twin developments have provided a breather to the rebels, who, until now, had struggled to get their petitions listed for an urgent hearing. They have also raised hopes that the rebels, whose unity brought down the Congress-JD(S) coalition government, may eventually land a role in the new BJP government led by BS Yediyurappa.
“We have challenged the disqualification order, so there’s a reason we cannot be barred from contesting the bypolls until the Supreme Court delivers its verdict. What if the court sets aside our disqualification after the bypolls?” said rebel Congress leader BC Patil. “While we hope justice will be done in the court, the ECI’s clarification is a positive step.”
Wednesday’s developments also eased BJP’s headache a bit. The party had been in a dilemma over selecting candidates for the bypolls as the court had not set a date to examine the disqualification issue. BJP, which is indebted to the rebels, was exploring the option of fielding their relatives, who many believe lack the ability and appeal to win elections.
“While we are under obligation to the disqualified MLAs, only factor the party was weighing on was the winning ability of the candidates. Now, with EC giving some clarity on their eligibility, the job of selecting candidates is going to be easier, provided the court accepts it,” said BJP spokesperson N Ravikumar, who is also a member of the legislative council.
Home minister Basavaraja Bommai reiterated BJP’s stand that it would not leave the rebels out in the cold, indicating that party tickets for them was a given. But the plan is expected to face opposition within BJP’s ranks there are strong in-house contenders for almost all 15 assembly segments.
“The party leadership must tread carefully as we need to win at least six seats to keep the government in power,” a senior BJP leader said. “I think the party should not take the risk by fielding all the disqualified MLAs.”
Congress reacted angrily to EC’s decision to offer a view on the rebels’ case. “It chose to clarify even though nobody had asked for its opinion. This shows that the country’s institutions have become puppets in the hands of BJP,” alleged Congress spokesperson VS Ugrappa.
But advocate Sandeep Patil, who is representing the rebels, said EC offered its counsel because they had made a representation before the commission. The rebels had also submitted an application in the court, seeking to make the commission a party to their application.
The speaker’s disqualification order not only ended the rebels’ status as legislators but also barred them from contesting elections during the entire term of the current assembly. The election ban was issued despite a clarification by former chief election commissioner Om Prakash Rawat that MLAs disqualified under anti-defection law can contest polls. Some disqualified legislators in Tamil Nadu contested bypolls earlier this year.
“It was clear the former chief election commissioner’s statement that disqualification for defection is no bar to contest elections. However, we don’t want to comment on the present case as it is sub judice,” said Sanjiv Kumar, chief electoral officer of Karnataka.
Ramesh Kumar said he was disappointed with Wednesday’s development. “But I chose not to react. I have given the order, which is justified in all respect, and we shall wait for the Supreme Court’s verdict,” he said.
The Election Commission (EC) told the Supreme Court on Monday that now-former speaker KR Ramesh Kumar’s order to disqualify the Congress-JD(S) rebels from the assembly should not deprive them of their right to contest the upcoming bypolls to 15 segments. The court agreed to hear on Wednesday the rebels’ pleas against Kumar’s decision and for contesting the October 21 elections.
The twin developments have provided a breather to the rebels, who, until now, had struggled to get their petitions listed for an urgent hearing. They have also raised hopes that the rebels, whose unity brought down the Congress-JD(S) coalition government, may eventually land a role in the new BJP government led by BS Yediyurappa.
“We have challenged the disqualification order, so there’s a reason we cannot be barred from contesting the bypolls until the Supreme Court delivers its verdict. What if the court sets aside our disqualification after the bypolls?” said rebel Congress leader BC Patil. “While we hope justice will be done in the court, the ECI’s clarification is a positive step.”
Wednesday’s developments also eased BJP’s headache a bit. The party had been in a dilemma over selecting candidates for the bypolls as the court had not set a date to examine the disqualification issue. BJP, which is indebted to the rebels, was exploring the option of fielding their relatives, who many believe lack the ability and appeal to win elections.
“While we are under obligation to the disqualified MLAs, only factor the party was weighing on was the winning ability of the candidates. Now, with EC giving some clarity on their eligibility, the job of selecting candidates is going to be easier, provided the court accepts it,” said BJP spokesperson N Ravikumar, who is also a member of the legislative council.
Home minister Basavaraja Bommai reiterated BJP’s stand that it would not leave the rebels out in the cold, indicating that party tickets for them was a given. But the plan is expected to face opposition within BJP’s ranks there are strong in-house contenders for almost all 15 assembly segments.
“The party leadership must tread carefully as we need to win at least six seats to keep the government in power,” a senior BJP leader said. “I think the party should not take the risk by fielding all the disqualified MLAs.”
Congress reacted angrily to EC’s decision to offer a view on the rebels’ case. “It chose to clarify even though nobody had asked for its opinion. This shows that the country’s institutions have become puppets in the hands of BJP,” alleged Congress spokesperson VS Ugrappa.
But advocate Sandeep Patil, who is representing the rebels, said EC offered its counsel because they had made a representation before the commission. The rebels had also submitted an application in the court, seeking to make the commission a party to their application.
The speaker’s disqualification order not only ended the rebels’ status as legislators but also barred them from contesting elections during the entire term of the current assembly. The election ban was issued despite a clarification by former chief election commissioner Om Prakash Rawat that MLAs disqualified under anti-defection law can contest polls. Some disqualified legislators in Tamil Nadu contested bypolls earlier this year.
“It was clear the former chief election commissioner’s statement that disqualification for defection is no bar to contest elections. However, we don’t want to comment on the present case as it is sub judice,” said Sanjiv Kumar, chief electoral officer of Karnataka.
Ramesh Kumar said he was disappointed with Wednesday’s development. “But I chose not to react. I have given the order, which is justified in all respect, and we shall wait for the Supreme Court’s verdict,” he said.
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