BIG: Supreme Court upholds disqualification of 17 Karnataka MLAs

In a big breaking, the Supreme Court on Wednesday pronounced its judgement on the 17 disqualified Karnataka MLAs and upheld the disqualification by the speaker. The SC was hearing the plea challenging the disqualification of 17 MLA’s from the Karnataka Assembly. The judgement was rendered by a three-judge bench comprising Justices NV Ramana, Sanjiv Khanna, and Krishna Murari. The top court added down the period of disqualification. 

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SC's observation while pronouncing the verdict

While hearing the case,  the top court said that the Speaker is a quasi-judicial authority. No power of the speaker to bar the member till the end of the term. The Court said that the MLAs can take part in December 5 bypolls.

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The Supreme Court while delivering its judgement said, "In a parliamentary democracy, the application of constitutional democracy should be binding on the government and the opposition. We don’t appreciate the manner in which the petitioners knocked on the doors of this court" The SC also said that since a substantial amount of time has passed and to ensure the exercise is not repeated before the HC they had no option but to deal with the case on merits the petitioners should've approached HC first.  The SC also passed the Disqualification order passed by the speaker as he did not have the power to indicate the period for which one is disqualified. 

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What had the disqualified MLAs alleged?

The MLA’s had alleged the disqualification is arbitrary. The Congress had alleged what had happened was a constitutional sin.  Petitions were filed by 17 ex-MLAs of Karnataka challenging their disqualification by the previous Speaker of the Assembly. The resignation of the 17 MLAs from the Congress and JD(S) parties eventually brought down the HD Kumaraswamy-led regime in Karnataka in July this year. They were thereafter disqualified on grounds of defection by former Speaker, KR Ramesh.

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