Disqualified Karnataka MLAs can contest December 5 bypolls: SC

In a big relief to 17 disqualified MLAs in Karnataka, Supreme Court on Wednesday said that MLAs can contest upcoming by-polls in state. Supreme Court upheld decision of disqualification of MLAs by speaker. However, apex court stroke down period of disqualification. top court also observed that Citizens are being denied stable governments in country and that Speaker's role is to accept resignation and y have or option.  judgement was rendered by a three-judge bench comprising Justices NV Ramana, Sanjiv Khanna, and Krishna Murari. 

Supreme Court's verdict today will have a bearing on B S Yediyurappa government in Karnataka. In 224-member House, BSY currently has support of 106 MLAs. Bypolls to 15 of 17 vacant seats will be held on December 5. BJP has to win at least six of 15 seats to remain in power. With Supreme Court's decision to allow rebel MLAs to contest polls, it is w to be seen wher BJP will field m as its minees.

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Supreme Court's observation

While delivering verdict, top court said that it is unhappy with way in which case was brought to apex court. It also ded that speaker is t empowered to disqualify member till end of term and should give sufficient time to members before deciding. top court observed that re is a growing trend of speakers acting against Constitutional mandate.  apex court also said that Horse tring and violation of political principles are increasing.

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Bypolls in Karnataka

A total of 15 Assembly constituencies in Karnataka are going to bypolls on December 5 and counting of votes has been scheduled for December 9.  date for filing minations for bypolls to 15 Assembly seats in Karnataka are from vember 11-18. elections to 15 Assembly seats were earlier slated for October 21 but later postponed to December 5 by Election Commission (EC) as case pertaining to disqualification of 17 MLAs was pending in Supreme Court. judgment on ir disqualification was reserved by apex court in October.

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Why were MLAs disqualified?

In July this year, 14 MLAs from Congress and 3 from JDS quit Assembly. As 17 rebels stayed away from Assembly, Congress-JD-S government fell during a trust vote on July 23, as a result of which BJP government under Yediyurappa was formed on July 26. However, on July 25 and 28, n-Speaker K R Ramesh Kumar issued two orders under anti-defection law, disqualifying 17 MLAs from House and barring m from contesting elections during tenure of current Assembly. MLAs n moved top Court asking that Speaker’s orders be quashed. Congress and JD-S too approached court.

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