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Disqualified MLAs move SC
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- Seventeen disqualified MLAs from Karnataka on Friday made an urgent mention before the Supreme Court for deferment of the December 5 Assembly byelections.
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- Byelections should not be held until the court’s judgment:
(1) Appearing before a Bench led by Justice N.V. Ramana, counsel for the MLAs said the court had reserved its judgment on the legality of their disqualification by then Speaker K.R. Ramesh Kumar under the anti-defection law.
- Court asked MLA’s to file a proper application: Following an urgent mention from 17 disqualified MLAs from Karnataka on 08 Nov before the Supreme Court for deferment of the December 5 Assembly byelections.
- Election Commission had earlier deferred the byelections when the petitions filed by the legislators were sub-judice.
- At the hearings, the Karnataka unit of the Congress argued it was the Speaker’s prerogative to decide on the disqualification.
- The MLAs argued that the Speaker had delayed decision on their resignation and went on to disqualify them.
- SolicitorGeneral Tushar Mehta, for the current Speaker V.H. Kageri, argued that it was the right of an MLA to resign.
- He argued that it was “not defection if you give up membership of a political party for reasons of conscience, then you resign and go back to face the public mandate... This is recognition of the MLAs right to resign.”
- Senior advocate C.A. Sundaram, for former Congress MLA D. Sudhakar, had submitted that the authority of the Speaker, faced with the resignation of an MLA, was limited.
Sources
The Hindu