ETV Bharat / bharat

Disqualified K'taka MLAs set to join BJP as SC upholds Speaker's decision

By

Published : Nov 13, 2019, 10:16 AM IST

|

Updated : Nov 13, 2019, 11:52 PM IST

Disqualified K'taka MLAs set to join BJP as SC upholds Speaker's decision

SC upholds disqualification of Karnataka MLAs

22:57 November 13

Former Speaker Ramesh Kumar heaves sigh of relief on SC verdict

Former Karnataka Speaker K R Ramesh Kumar expressed a "sigh of relief" as the Supreme Court upheld his decision to disqualify 17 Congress- JD(S) MLAs.

"Supreme Court has upheld the disqualification- to that extent, it's a sigh of relief (for me). On the issue of tenure (of disqualification), Supreme Court has not agreed to my interpretation I will speak on that after going through the text of the judgement," Kumar said.

Speaking to reporters here, he said, he has gone by the tenth schedule, keeping in mind the political and constitutional morality.

19:43 November 13

JDS supremo H D Deve Gowda

JDS supremo H D Deve Gowda

BSY can run govt safely for remainder of his term: Deve Gowda

JDS supremo H D Deve Gowda said Karnataka Chief Minister BS Yediyurappa can complete his term as he no longer has to worry about how to manage the disqualified MLAs, who have been allowed by Supreme Court to contest coming by-polls.

"With common sense, I can say that Yediyurappa was worried about how to manage these 17 people (disqualified Congress-JDS MLAs)," he said when asked to comment on the Supreme Court verdict on their petitions.

"We don't need to bother about him (Yediyurappa). He can run the government safely for the next three years and four months (remainder of the term)," he added.

He also ruled out any truck with the Congress in the future, especially with its senior leader Siddaramaiah.

"Siddaramaiah is also safe. There is no problem. There is no question of Siddaramaiah and Deve Gowda coming together to form the government. He will remain as safe as the opposition leader. There is no further convergence of Congress and JD(S)," Gowda said.

18:28 November 13

undefined

Disqualified rebel MLAs to join BJP tomorrow: K'taka CM

Merely hours after the Supreme Court allowed the 17 disqualified Karnataka MLAs to contest the by-polls, state Chief Minister BS Yediyurappa said that they will join the Bharatiya Janata Party (BJP) on Thursday.

17:43 November 13

Congress spokesperson Randeep Singh Surjewala

Congress asks dismissal of Karnataka government, says BJP needs to do soul searching

Calling Karnataka government "illegitimate", Congress party, on Wednesday, called for the dismissal of Yediyurappa government, saying the Supreme Court's verdict upholding the decision of disqualifying 17 Congress and JD(S) but allowing them to contest the by-polls has exposed BJP and the party needs to do "soul searching."

The apex court struck down the portion of the order of then speaker KR Ramesh Kumar by which the legislators were disqualified till the end of the 15th Karnataka Assembly in 2023.

Congress spokesperson Randeep Singh Surjewala said that the "ball is in PM's court" and asked four questions from BJP and Prime Minister Narendra Modi, "Will he sack the illegitimate Yediyurappa government? Will 'Operation Kamal' in Karnataka, notorious for using money and muscle power be investigated impartially? Will the role of CM and Amit Shah be examined? Will BJP give tickets to those MLAs whose disqualification has been upheld today by the SC?"

Surjewala said, "If PM fails to do so, he will be held responsible for demolishing democracy, undermining the Constitution and lowering the political standards in the country for a long time to come."

Surjewala added, "President's rule in Maharashtra is a mockery of democracy. Governor of Maharashtra and the Centre has done wrong to the citizens of the state."

16:50 November 13

Disqualified MLAs will join BJP on Thursday: K'taka Deputy CM

Hours after the Supreme Court on Wednesday paved the way for the 17 disqualified Congress- JD(S) legislators to contest the December 5 by-polls for 15 seats in Karnataka, Deputy Chief Minister Ashwathnarayan C N said they will be joining the BJP on November 14.

"They (disqualified legislators) have expressed interest to join BJP and have met our senior leaders. They have been welcomed to join the party," he said.

Speaking to reporters in Delhi, he said, they will be joining the party tomorrow at 10.30 a.m in Bengaluru in the presence of Chief Minister B S Yediyurappa and BJP state President Nalin Kumar Kateel.

Ashwathnarayan said party leaders and the disqualified legislators will meet Chief Minister and state president on Thursday and decide on the future course of action.

14:37 November 13

HD Kumaraswamy, JD(S) leader

Not totally happy with the judgement

"I'm not totally happy with the judgement. The way in which some political leaders are misusing our Constitutional bodies shouldn't happen," HD Kumaraswamy, JD(S) said on SC's judgement of upholding disqualification of 17 Karnataka MLAs but allowing them to contest by-elections in the state.

14:31 November 13

Growing trend of Speakers acting against constitutional duty of being neutral, says SC

There is a growing trend of Speakers acting against the "constitutional duty of being neutral" in addition to political parties indulging in horse-trading and corrupt practices due to which citizens are being denied stable governments, the Supreme Court said on Wednesday.'

A bench of justices N V Ramana, Sanjiv Khanna and Krishna Murari said the Speaker, being a neutral person, is expected to act independently while conducting the proceedings of the House or adjudication petitions.

The constitutional responsibility endowed upon the Speaker has to be scrupulously followed and his political affiliations cannot come in the way of adjudication, the apex court said.

If the Speaker is not able to disassociate from his political party and behaves contrary to the spirit of the neutrality and independence then such person does not deserve to be reposed with public trust and confidence, it added.

13:12 November 13

Abhishek Manu Singhvi, INC leader

Yeddiyurappa government has no moral right to continue in office any more

"There is clearly an attempt by the BJP to destroy democratic values through the shameless display of money power. The Supreme Court decision vindicates the stand of the Speaker by almost 95 per cent. It shows that 'Operation Kamal' is happening every day and everywhere in the country," Abhishek Manu Singhvi told reporters.

"It shows that a large number of Congress-JDS MLAs were lured by the BJP through the use of money power," he said.

Demanding the resignation of the Karnataka chief minister, he said the BJP's 'character' was now exposed.

"Those who preach to us about corruption, moral and Gandhian values, they have to realise that they have to walk the talk," Singhvi said.

13:06 November 13

Cong asks for dismissal of Karnataka govt

The Congress on Wednesday called for the dismissal of the Yeddiyurappa government in Karnataka, saying the Supreme Court's decision upholding the decision disqualifying 17 Congress and JD(S) MLAs but allowing them to contest the bypolls had exposed the BJP's 'Operation Kamal' in the state.

"The Supreme Court's decision has exposed the BJP's 'Operation Kamal' in Karnataka... The Yeddiyurappa government is an 'illegitimate' government in terms of law and constitution and should be dismissed immediately," Congress spokesperson Randeep Surjewala said on Twitter.

He also asked for an inquiry into the role of the BJP leadership.

"Public opinion and democratic values demand that not should only the 'illegitimate' Yeddiyurappa government be sacked, but the BJP's conspiracy to bring down an elected government on the basis of money power of the legislators investigated. The 'Yeddiyurappa Tapes' need to be investigated.

Where did all this black money come from? What was the role of BJP leadership?" he asked.

12:24 November 13

Former Karnataka Chief Minister, Siddaramaiah

Lesson for MLAs who wanted to join other political party

Former Karnataka Chief Minister, Siddaramaiah said, "I welcome the whole judgement, even that of Supreme Court allowing them ( 17 disqualified MLAs) to contest by-elections. It is a lesson for the MLAs who wanted to join any other political party on whims and fancies or coercion by other parties,"

12:16 November 13

BJP leader GVL Narasimha Rao

'SC verdict is an indictment of the former Karnataka speaker,' BJP leader Narsimha Rao

BJP leader GVL Narasimha Rao on Wednesday said that the verdict of the Supreme Court to allow the 17 disqualified MLAs in Karnataka to contest the upcoming bye-elections is an indictment of the former Karnataka speaker KR Ramesh Kumar.

"The verdict of the honourable Supreme Court which allows the disqualified 17 MLAs in Karnataka to contest the upcoming bye-elections is an indictment of the erstwhile Karnataka speaker. He actually acted like an agent of Congress party.

He took actions which were beyond the competence of the institution of the speaker," Rao said.

"While accepting the decision of disqualification of the 17 MLAs but by setting aside the speaker's decision to bar them in contesting elections, the Supreme Court has granted relief to the disqualified MLAs. Any MLA or MP must have the freedom to resign from their positions. The bye-elections for the assembly seats in Karnataka have already been notified. Certainly, the bye-elections will give further strength to the BJP and it will allow the party to give a stable government which will last a full tenure of 5 years," he added.

The Supreme Court on Wednesday upheld the decision of the then Karnataka speaker Kumar to disqualify 17 rebel Congress-JD(S) MLAs under the anti-defection law and said that they can contest the upcoming by-elections in the state.

The elections for 15 out of 17 seats are slated to be held on December 5. The poll body had withheld the elections for two seats -- Maski and Rajarajeshwari. After the MLAs' disqualification, the strength of the 224-member Assembly had come down to 207. This had brought down the majority mark to 104. The BJP, which helms the government in the state, has 106 MLAs in the Assembly.

With the by-poll elections, the majority mark will climb to 112 and the BJP will have to win a minimum of six out of fifteen seats to keep its majority.

12:02 November 13

Karnataka CM BS Yediyurappa

'We are going to win all the 17 seats 101%,' K'taka CM Yediyurappa

"I welcome the decision of the Supreme Court which has given the verdict that all 17 MLAs can contest by-elections. Tomorrow onwards we are going to go to all assembly constituencies. We are going to win all the 17 seats 101%," Karnataka CM BS Yediyurappa said.

When asked 'are all the 17 MLAs joining BJP?'

He said "Just wait till evening. I will discuss with them, I will discuss with the national leadership also. We will take an appropriate decision in the evening."

11:39 November 13

Former Law Minister Ashwani Kumar

Constitutional morality of the nation has to be upheld

Former Law Minister Ashwani Kumar said that the SC's judgement has to be interpreted seriously.

"The fact of the matter is that the apex court has spoken in terms of the anti-defection law. I entirely agree that constitutional morality of the nation has to be upheld as we are not only a populist democracy but also a constitutional democracy," Ashwani Kumar said.

11:23 November 13

AH Vishwanath, disqualified Karnataka MLA

"I welcome the judgement of the Supreme Court. We should be happy because the apex court has awarded a judgement," disqualified Karnataka MLA, AH Vishwanath on Supreme Court's judgement.

11:04 November 13

Citizens are denied stable governments

Justice NV Ramana observed in his verdict, on the growing trend of Speakers acting against the constitutional mandate, "Citizens are denied stable governments."

10:49 November 13

17 Karnataka MLAs can contest the by-elections

Supreme Court judge Justice NV Ramana says "We are upholding the order of the Speaker. The 17 Karnataka MLAs can contest the by-elections in the state."

The speaker can not disqualify for the end of the term. They can contest elections once the statutory bar is over.

10:39 November 13

Supreme Court bench arrives for Karnataka MLAs disqualification case

SC says "It is equally binding on the govt and opposition." Justice NV Ramana reads out "we do not appreciate the manner in which the petitioners came to the Court. The parties challenging the speaker's order should first approach the HC and the speaker has to accept resignation once it is established that the petitioner wants to resign."

09:19 November 13

hgj

Timeline of Karnataka Political Crisis

Timeline of Karnataka Political Crisis

This all started when Karnataka Chief Minister H D Kumaraswamy and state congress president were not in the state.

09:17 November 13

Key Arguments

On Wednesday, the impending decision is expected to rule for the disqualified MLAs.

Senior Advocate Mukul Rohatgi will appear for the disqualified MLAs, advanced a three-fold argument on behalf of the rebel MLAs.

One, that the members have an indefeasible right to resign and hence, the resignations should have been accepted immediately.

Two, that there was no material for disqualification, considering that they were given only 3 days to dispute it, as against the mandate of a minimum of 7 days under the Karnataka Assembly Rules.

And three, that even if the disqualification is assumed to be valid, it will be valid only until the fresh elections.

09:14 November 13

The Supreme Court will pronounce judgment on Wednesday to the petitions filed by 17 rebel MLAs of Karnataka assembly challenging their disqualification. A three-judge bench of justices N V Ramana, Sanjiv Khanna and Krishna Murari had on October 25 reserved its verdict on the petitions filed by these disqualified MLAs. Kumar had disqualified these 17 MLAs of ruling the Congress-JD(S) coalition ahead of a trust vote in July.

New Delhi: The Supreme Court is scheduled to pronounce on November 13 its verdict on the pleas of 17 disqualified Congress-JD (S) MLAs of Karnataka challenging the orders of the then Assembly Speaker K R Ramesh Kumar to disqualify them.

A three-judge bench of justices N V Ramana, Sanjiv Khanna and Krishna Murari had on October 25 reserved its verdict on the petitions filed by these disqualified MLAs. Kumar had disqualified these 17 MLAs of ruling the Congress-JD(S) coalition ahead of a trust vote in July.

The then chief minister H D Kumaraswamy had resigned after losing the trust vote, which paved the way for the BJP-led government in the state under BS Yediyurappa.

By-polls to 15 out of these 17 assembly seats which fell vacant following the disqualification of MLAs are scheduled on December 5 and candidates are required to file their nomination papers between November 11 and November 18.

These disqualified MLAs have recently approached the apex court seeking a direction to the Election Commission to postpone the assembly by-polls for these 15 seats till the pronouncement of verdict in the matter.

Some of these disqualified MLAs had argued in the apex court that they have an “indefeasible right” to resign as members of the assembly and the decision by the then Speaker to disqualify them smacks of “vengeance” and “mala fide”.

During the arguments in the matter, senior advocate Kapil Sibal, appearing for the Karnataka Congress, had contended that the then Speaker, who was the master of the Assembly, had exercised his jurisdiction to disqualify these MLAs and his decision cannot be questioned.

Sibal had also submitted that “the matter needs to be referred to a Constitution bench as it raises matters of grave constitutional importance”.

The incumbent Karnataka Assembly Speaker had earlier told the top court that he has no difficulty in hearing these 17 MLAs and take a “fresh call” on the issue.

Solicitor General Tushar Mehta, appearing for the office of the Karnataka Assembly Speaker, had submitted that under the scheme of Constitution, a lawmaker has a right to resign and the Speaker should accept it. The current Assembly Speaker is V Hegde Kageri.

22:57 November 13

Former Speaker Ramesh Kumar heaves sigh of relief on SC verdict

Former Karnataka Speaker K R Ramesh Kumar expressed a "sigh of relief" as the Supreme Court upheld his decision to disqualify 17 Congress- JD(S) MLAs.

"Supreme Court has upheld the disqualification- to that extent, it's a sigh of relief (for me). On the issue of tenure (of disqualification), Supreme Court has not agreed to my interpretation I will speak on that after going through the text of the judgement," Kumar said.

Speaking to reporters here, he said, he has gone by the tenth schedule, keeping in mind the political and constitutional morality.

19:43 November 13

JDS supremo H D Deve Gowda

JDS supremo H D Deve Gowda

BSY can run govt safely for remainder of his term: Deve Gowda

JDS supremo H D Deve Gowda said Karnataka Chief Minister BS Yediyurappa can complete his term as he no longer has to worry about how to manage the disqualified MLAs, who have been allowed by Supreme Court to contest coming by-polls.

"With common sense, I can say that Yediyurappa was worried about how to manage these 17 people (disqualified Congress-JDS MLAs)," he said when asked to comment on the Supreme Court verdict on their petitions.

"We don't need to bother about him (Yediyurappa). He can run the government safely for the next three years and four months (remainder of the term)," he added.

He also ruled out any truck with the Congress in the future, especially with its senior leader Siddaramaiah.

"Siddaramaiah is also safe. There is no problem. There is no question of Siddaramaiah and Deve Gowda coming together to form the government. He will remain as safe as the opposition leader. There is no further convergence of Congress and JD(S)," Gowda said.

18:28 November 13

undefined

Disqualified rebel MLAs to join BJP tomorrow: K'taka CM

Merely hours after the Supreme Court allowed the 17 disqualified Karnataka MLAs to contest the by-polls, state Chief Minister BS Yediyurappa said that they will join the Bharatiya Janata Party (BJP) on Thursday.

17:43 November 13

Congress spokesperson Randeep Singh Surjewala

Congress asks dismissal of Karnataka government, says BJP needs to do soul searching

Calling Karnataka government "illegitimate", Congress party, on Wednesday, called for the dismissal of Yediyurappa government, saying the Supreme Court's verdict upholding the decision of disqualifying 17 Congress and JD(S) but allowing them to contest the by-polls has exposed BJP and the party needs to do "soul searching."

The apex court struck down the portion of the order of then speaker KR Ramesh Kumar by which the legislators were disqualified till the end of the 15th Karnataka Assembly in 2023.

Congress spokesperson Randeep Singh Surjewala said that the "ball is in PM's court" and asked four questions from BJP and Prime Minister Narendra Modi, "Will he sack the illegitimate Yediyurappa government? Will 'Operation Kamal' in Karnataka, notorious for using money and muscle power be investigated impartially? Will the role of CM and Amit Shah be examined? Will BJP give tickets to those MLAs whose disqualification has been upheld today by the SC?"

Surjewala said, "If PM fails to do so, he will be held responsible for demolishing democracy, undermining the Constitution and lowering the political standards in the country for a long time to come."

Surjewala added, "President's rule in Maharashtra is a mockery of democracy. Governor of Maharashtra and the Centre has done wrong to the citizens of the state."

16:50 November 13

Disqualified MLAs will join BJP on Thursday: K'taka Deputy CM

Hours after the Supreme Court on Wednesday paved the way for the 17 disqualified Congress- JD(S) legislators to contest the December 5 by-polls for 15 seats in Karnataka, Deputy Chief Minister Ashwathnarayan C N said they will be joining the BJP on November 14.

"They (disqualified legislators) have expressed interest to join BJP and have met our senior leaders. They have been welcomed to join the party," he said.

Speaking to reporters in Delhi, he said, they will be joining the party tomorrow at 10.30 a.m in Bengaluru in the presence of Chief Minister B S Yediyurappa and BJP state President Nalin Kumar Kateel.

Ashwathnarayan said party leaders and the disqualified legislators will meet Chief Minister and state president on Thursday and decide on the future course of action.

14:37 November 13

HD Kumaraswamy, JD(S) leader

Not totally happy with the judgement

"I'm not totally happy with the judgement. The way in which some political leaders are misusing our Constitutional bodies shouldn't happen," HD Kumaraswamy, JD(S) said on SC's judgement of upholding disqualification of 17 Karnataka MLAs but allowing them to contest by-elections in the state.

14:31 November 13

Growing trend of Speakers acting against constitutional duty of being neutral, says SC

There is a growing trend of Speakers acting against the "constitutional duty of being neutral" in addition to political parties indulging in horse-trading and corrupt practices due to which citizens are being denied stable governments, the Supreme Court said on Wednesday.'

A bench of justices N V Ramana, Sanjiv Khanna and Krishna Murari said the Speaker, being a neutral person, is expected to act independently while conducting the proceedings of the House or adjudication petitions.

The constitutional responsibility endowed upon the Speaker has to be scrupulously followed and his political affiliations cannot come in the way of adjudication, the apex court said.

If the Speaker is not able to disassociate from his political party and behaves contrary to the spirit of the neutrality and independence then such person does not deserve to be reposed with public trust and confidence, it added.

13:12 November 13

Abhishek Manu Singhvi, INC leader

Yeddiyurappa government has no moral right to continue in office any more

"There is clearly an attempt by the BJP to destroy democratic values through the shameless display of money power. The Supreme Court decision vindicates the stand of the Speaker by almost 95 per cent. It shows that 'Operation Kamal' is happening every day and everywhere in the country," Abhishek Manu Singhvi told reporters.

"It shows that a large number of Congress-JDS MLAs were lured by the BJP through the use of money power," he said.

Demanding the resignation of the Karnataka chief minister, he said the BJP's 'character' was now exposed.

"Those who preach to us about corruption, moral and Gandhian values, they have to realise that they have to walk the talk," Singhvi said.

13:06 November 13

Cong asks for dismissal of Karnataka govt

The Congress on Wednesday called for the dismissal of the Yeddiyurappa government in Karnataka, saying the Supreme Court's decision upholding the decision disqualifying 17 Congress and JD(S) MLAs but allowing them to contest the bypolls had exposed the BJP's 'Operation Kamal' in the state.

"The Supreme Court's decision has exposed the BJP's 'Operation Kamal' in Karnataka... The Yeddiyurappa government is an 'illegitimate' government in terms of law and constitution and should be dismissed immediately," Congress spokesperson Randeep Surjewala said on Twitter.

He also asked for an inquiry into the role of the BJP leadership.

"Public opinion and democratic values demand that not should only the 'illegitimate' Yeddiyurappa government be sacked, but the BJP's conspiracy to bring down an elected government on the basis of money power of the legislators investigated. The 'Yeddiyurappa Tapes' need to be investigated.

Where did all this black money come from? What was the role of BJP leadership?" he asked.

12:24 November 13

Former Karnataka Chief Minister, Siddaramaiah

Lesson for MLAs who wanted to join other political party

Former Karnataka Chief Minister, Siddaramaiah said, "I welcome the whole judgement, even that of Supreme Court allowing them ( 17 disqualified MLAs) to contest by-elections. It is a lesson for the MLAs who wanted to join any other political party on whims and fancies or coercion by other parties,"

12:16 November 13

BJP leader GVL Narasimha Rao

'SC verdict is an indictment of the former Karnataka speaker,' BJP leader Narsimha Rao

BJP leader GVL Narasimha Rao on Wednesday said that the verdict of the Supreme Court to allow the 17 disqualified MLAs in Karnataka to contest the upcoming bye-elections is an indictment of the former Karnataka speaker KR Ramesh Kumar.

"The verdict of the honourable Supreme Court which allows the disqualified 17 MLAs in Karnataka to contest the upcoming bye-elections is an indictment of the erstwhile Karnataka speaker. He actually acted like an agent of Congress party.

He took actions which were beyond the competence of the institution of the speaker," Rao said.

"While accepting the decision of disqualification of the 17 MLAs but by setting aside the speaker's decision to bar them in contesting elections, the Supreme Court has granted relief to the disqualified MLAs. Any MLA or MP must have the freedom to resign from their positions. The bye-elections for the assembly seats in Karnataka have already been notified. Certainly, the bye-elections will give further strength to the BJP and it will allow the party to give a stable government which will last a full tenure of 5 years," he added.

The Supreme Court on Wednesday upheld the decision of the then Karnataka speaker Kumar to disqualify 17 rebel Congress-JD(S) MLAs under the anti-defection law and said that they can contest the upcoming by-elections in the state.

The elections for 15 out of 17 seats are slated to be held on December 5. The poll body had withheld the elections for two seats -- Maski and Rajarajeshwari. After the MLAs' disqualification, the strength of the 224-member Assembly had come down to 207. This had brought down the majority mark to 104. The BJP, which helms the government in the state, has 106 MLAs in the Assembly.

With the by-poll elections, the majority mark will climb to 112 and the BJP will have to win a minimum of six out of fifteen seats to keep its majority.

12:02 November 13

Karnataka CM BS Yediyurappa

'We are going to win all the 17 seats 101%,' K'taka CM Yediyurappa

"I welcome the decision of the Supreme Court which has given the verdict that all 17 MLAs can contest by-elections. Tomorrow onwards we are going to go to all assembly constituencies. We are going to win all the 17 seats 101%," Karnataka CM BS Yediyurappa said.

When asked 'are all the 17 MLAs joining BJP?'

He said "Just wait till evening. I will discuss with them, I will discuss with the national leadership also. We will take an appropriate decision in the evening."

11:39 November 13

Former Law Minister Ashwani Kumar

Constitutional morality of the nation has to be upheld

Former Law Minister Ashwani Kumar said that the SC's judgement has to be interpreted seriously.

"The fact of the matter is that the apex court has spoken in terms of the anti-defection law. I entirely agree that constitutional morality of the nation has to be upheld as we are not only a populist democracy but also a constitutional democracy," Ashwani Kumar said.

11:23 November 13

AH Vishwanath, disqualified Karnataka MLA

"I welcome the judgement of the Supreme Court. We should be happy because the apex court has awarded a judgement," disqualified Karnataka MLA, AH Vishwanath on Supreme Court's judgement.

11:04 November 13

Citizens are denied stable governments

Justice NV Ramana observed in his verdict, on the growing trend of Speakers acting against the constitutional mandate, "Citizens are denied stable governments."

10:49 November 13

17 Karnataka MLAs can contest the by-elections

Supreme Court judge Justice NV Ramana says "We are upholding the order of the Speaker. The 17 Karnataka MLAs can contest the by-elections in the state."

The speaker can not disqualify for the end of the term. They can contest elections once the statutory bar is over.

10:39 November 13

Supreme Court bench arrives for Karnataka MLAs disqualification case

SC says "It is equally binding on the govt and opposition." Justice NV Ramana reads out "we do not appreciate the manner in which the petitioners came to the Court. The parties challenging the speaker's order should first approach the HC and the speaker has to accept resignation once it is established that the petitioner wants to resign."

09:19 November 13

hgj

Timeline of Karnataka Political Crisis

Timeline of Karnataka Political Crisis

This all started when Karnataka Chief Minister H D Kumaraswamy and state congress president were not in the state.

09:17 November 13

Key Arguments

On Wednesday, the impending decision is expected to rule for the disqualified MLAs.

Senior Advocate Mukul Rohatgi will appear for the disqualified MLAs, advanced a three-fold argument on behalf of the rebel MLAs.

One, that the members have an indefeasible right to resign and hence, the resignations should have been accepted immediately.

Two, that there was no material for disqualification, considering that they were given only 3 days to dispute it, as against the mandate of a minimum of 7 days under the Karnataka Assembly Rules.

And three, that even if the disqualification is assumed to be valid, it will be valid only until the fresh elections.

09:14 November 13

The Supreme Court will pronounce judgment on Wednesday to the petitions filed by 17 rebel MLAs of Karnataka assembly challenging their disqualification. A three-judge bench of justices N V Ramana, Sanjiv Khanna and Krishna Murari had on October 25 reserved its verdict on the petitions filed by these disqualified MLAs. Kumar had disqualified these 17 MLAs of ruling the Congress-JD(S) coalition ahead of a trust vote in July.

New Delhi: The Supreme Court is scheduled to pronounce on November 13 its verdict on the pleas of 17 disqualified Congress-JD (S) MLAs of Karnataka challenging the orders of the then Assembly Speaker K R Ramesh Kumar to disqualify them.

A three-judge bench of justices N V Ramana, Sanjiv Khanna and Krishna Murari had on October 25 reserved its verdict on the petitions filed by these disqualified MLAs. Kumar had disqualified these 17 MLAs of ruling the Congress-JD(S) coalition ahead of a trust vote in July.

The then chief minister H D Kumaraswamy had resigned after losing the trust vote, which paved the way for the BJP-led government in the state under BS Yediyurappa.

By-polls to 15 out of these 17 assembly seats which fell vacant following the disqualification of MLAs are scheduled on December 5 and candidates are required to file their nomination papers between November 11 and November 18.

These disqualified MLAs have recently approached the apex court seeking a direction to the Election Commission to postpone the assembly by-polls for these 15 seats till the pronouncement of verdict in the matter.

Some of these disqualified MLAs had argued in the apex court that they have an “indefeasible right” to resign as members of the assembly and the decision by the then Speaker to disqualify them smacks of “vengeance” and “mala fide”.

During the arguments in the matter, senior advocate Kapil Sibal, appearing for the Karnataka Congress, had contended that the then Speaker, who was the master of the Assembly, had exercised his jurisdiction to disqualify these MLAs and his decision cannot be questioned.

Sibal had also submitted that “the matter needs to be referred to a Constitution bench as it raises matters of grave constitutional importance”.

The incumbent Karnataka Assembly Speaker had earlier told the top court that he has no difficulty in hearing these 17 MLAs and take a “fresh call” on the issue.

Solicitor General Tushar Mehta, appearing for the office of the Karnataka Assembly Speaker, had submitted that under the scheme of Constitution, a lawmaker has a right to resign and the Speaker should accept it. The current Assembly Speaker is V Hegde Kageri.

Intro:Body:Conclusion:

Last Updated : Nov 13, 2019, 11:52 PM IST

TAGGED:

Karnataka Political Crisis

Disqualified MLAs

Copyright © 2024 Ushodaya Enterprises Pvt. Ltd., All Rights Reserved.