The current Speaker of the Karnataka Assembly has told the Supreme Court that his predecessor Ramesh Kumar erred in disqualifying 17 Congress and JD(S) MLAs following their resignations.
This was conveyed in the apex court by Solicitor Tushar Mehta, appearing for Karnataka Speaker Vishweshwar Hegde Kageri before a three-judge bench. "The provision does not say if you give up membership of House, you are disqualified. Provision says you can be disqualified for giving up a political party," he said as per Deccan Herald.
The bench comprising Justices NV Ramana, Sanjeev Khanna and Krishna Murari asked Tushar Mehta about the role of the Speaker if disqualification and resignation procedures are moved simultaneously by elected representatives. On July 28, the then Speaker Ramesh Kumar disqualified 17 MLAs including 14 from the Congress and 3 from the JD(S) under Section 2 (1) (a) of the Tenth Schedule of the Indian Constitution read with Article 19 1 (2). However, both parties, the Congress and JD(S), had moved the Speaker asking for their disqualification on grounds of defection.
Tushar Mehta called for the Supreme Court to lay down guidelines on the roles of the Speaker
Bye-election trouble for former MLAs
The previous Speaker KR Ramesh Kumar had directed the disqualification of as many as 17 MLAs who had resigned from the Karnataka Assembly. In 15 of these constituencies, bye-elections will be held on October 21 and candidates will be finalised by September 30.
The fate of the disqualified MLAs are now hinging on the apex court's decision in this case after the Election Commission on Monday stated that the disqualified MLAs could contest the polls, pending the apex court’s order.
Advocate Mukul Rohatgi appearing for the disqualified MLAs, called for the bye-elections to be postponed or suspended until the issue of the disqualifed MLAs is resolved. He also asked for the Election Commission to be made a party to their case.
The hearing in the case is set to continue on Thursday with advocate Kapil Sibal set to argue on behalf of Congress leaders Siddaramaiah and Dinesh Gundu Rao.
In the upcoming bye-elections on October 21, the BJP is under pressure to win at least six seats to ensure a majority in the full house of the Karnataka Assembly. Currently, the party has the support of 106 MLAs including 105 from its own party and H Nagesh, the independent MLA from Mulbagal. The party will need to win six more seats to reach the majority mark (112) in the 222-member Assembly.
The BJP is also yet to name a full cabinet with sources in the party stating that it is waiting for the outcome of the bye-elections to finalise the cabinet. JD(S) supremo HD Deve Gowda has clarified that the party will face the elections alone and will not be in an alliance with the Congress any longer.