The 17 disqualified Congress-JD(S) MLAs in Karnataka had challenged the orders of the then Assembly speaker K.R. Ramesh Kumar.
New Delhi| On Wednesday the Supreme Court hearing the plea of disqualified 17 Karnataka MLAs, said the Speaker cannot dictate the duration of the disqualification. The SC also allowed the rebel MLAs to contest poll on 5th December.
The verdict was delivered on the pleas of the 17 disqualified Congress-JD(S) MLAs in Karnataka who had challenged the orders of the then Assembly speaker K.R. Ramesh Kumar who didn’t accept their resignations and instead disqualified them.
A three-judge bench of Justice N.V. Ramana, Justice Sanjiv Khanna and Justice Krishna Murari had reserved its verdict on 25 October on the petitions filed by these disqualified MLAs.
In its order, the court refrained from commenting on the validity of the MLAs’ resignations and observed that there is a growing trend among speakers acting against the constitutional mandate.
“Citizens are denied stable governments,” noted the apex court.
Kumar had disqualified the 17 MLAs of the ruling Congress-JD(S) coalition ahead of a trust vote in July. Then chief minister H.D. Kumaraswamy had resigned after losing the vote, which paved the way for the BJP-led government in the state under B.S. Yediyurappa.
Bypolls to 15 out of these 17 assembly seats, which fell vacant following the disqualification of the MLAs, are scheduled on 5 December. Candidates are required to file their nomination papers between 11 November and 18 November.