Published 13:01 IST, November 13th 2019
Disqualified Karnataka MLAs can contest December 5 bypolls: SC
In a big relief to the 17 disqualified MLAs in Karnataka, the Supreme Court on Wednesday said that the MLAs can contest the upcoming by-polls in the state
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In a big relief to the 17 disqualified MLAs in Karnataka, the Supreme Court on Wednesday said that the MLAs can contest the upcoming by-polls in the state. The Supreme Court upheld the decision of the disqualification of the MLAs by the speaker. However, the apex court stroke down the period of disqualification. The top court also observed that Citizens are being denied stable governments in the country and that the Speaker's role is to accept the resignation and they have no other option. The judgement was rendered by a three-judge bench comprising Justices NV Ramana, Sanjiv Khanna, and Krishna Murari.
The Supreme Court's verdict today will have a bearing on the B S Yediyurappa government in Karnataka. In the 224-member House, BSY currently has the support of 106 MLAs. Bypolls to 15 of 17 vacant seats will be held on December 5. The BJP has to win at least six of the 15 seats to remain in power. With the Supreme Court's decision to allow the rebel MLAs to contest the polls, it is now to be seen whether the BJP will field them as its nominees.
Supreme Court's observation
While delivering the verdict, the top court said that it is unhappy with the way in which the case was brought to the apex court. It also added that the speaker is not empowered to disqualify member till the end of the term and should give sufficient time to members before deciding. The top court observed that there is a growing trend of speakers acting against Constitutional mandate. The apex court also said that Horse trading and violation of political principles are increasing.
Bypolls in Karnataka
A total of 15 Assembly constituencies in Karnataka are going to bypolls on December 5 and the counting of the votes has been scheduled for December 9. The date for filing nominations for the bypolls to the 15 Assembly seats in Karnataka are from November 11-18. The elections to the 15 Assembly seats were earlier slated for October 21 but later postponed to December 5 by the Election Commission (EC) as the case pertaining to the disqualification of 17 MLAs was pending in the Supreme Court. The judgment on their disqualification was reserved by the apex court in October.
Why were the MLAs disqualified?
In July this year, 14 MLAs from the Congress and 3 from the JDS quit the Assembly. As the 17 rebels stayed away from the Assembly, the 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, then-Speaker K R Ramesh Kumar issued two orders under the anti-defection law, disqualifying the 17 MLAs from the House and barring them from contesting elections during the tenure of the current Assembly. The MLAs then moved the top Court asking that the Speaker’s orders be quashed. The Congress and JD-S too approached the court.
11:06 IST, November 13th 2019