SC upholds Speaker’s decision, allows disqualified MLAs to contest polls


Update

New Delhi, Nov 13 (IANS): The 17 disqualified MLAs in Karnataka are open to contest the bypolls slated on December 5, as the Supreme Court on Wednesday upheld their disqualification, but struck down Speaker's decison to disqualify them till the end of term of the Legislative Assembly.

A bench headed by Justice N.V. Ramana ruled that the Assembly Speaker is not empowered to disqualify MLAs till end of the term of the House.

The Supreme Court has refrained from commenting on the validity of the resignation though. The apex court emphasised on the constitutional morality saying that the Speaker can only examine the resignation is voluntarily or otherwise.

The Supreme Court opined that there is no doubt that disqualification takes place when there is defection.

The defection had happened before the resignation, therefore, the tenet of disqualification does not vanish as the Supreme Court upheld the Speaker's decision to disqualify the MLAs.

Live updates

11.01 am - Once the Speaker is satisfied that the member has tendered resignation freely, Speaker is bound to accept it, says Supreme Court.

10.52 am - We do not appreciate the manner in which the petitioners knocked on the doors of this court, says SC.

10.50 am - Supreme Court upholds Speaker's decision disqualifying them; allows them to contest polls

10.40 am - SC begins to read out order; says 'don't appreciate the manner in which petitioners came to Court'


Earlier report

Daijiworld Media Network - New Delhi 

New Delhi, Nov 13: The verdict of the Supreme Court (SC), on which hinges the future of 17 Karnataka MLAs, will be delivered today. The judgement was also being awaited by three major parties in the state as it has the potential of deciding the future of the disqualified MLAs and prospects of the political parties concerned. 

The disqualified legislators rushed to New Delhi on Tuesday evening in view of the announcement of the verdict  today. The result will have far-reaching consequences on the by-poll, process of nomination relating to which is in progress at present for 15 constituencies. 

Please watch this space for live updates from 10.30 am. 

There is turmoil within the BJP too, as the party leaders who are unhappy at the party's plan to issue tickets to the disqualified legislators have raised a banner of revolt. The party also was grappling with the chances of more trouble in case the party is forced to issue tickets to relatives of the disqualified legislators if their disqualification is upheld, as this step would have fomented more trouble within the party. 

Out of the 17 disqualified legislators, Shrimant Patil from Kagwad constituency and Shankar from Ranebennur, who had not resigned, have approached the court, arguing that the Speaker was not right in disqualifying them.

  

Top Stories

Comment on this article

  • Ahmed, Bangalore

    Thu, Nov 14 2019

    SC is no more independent it's being ruled by Central administration and dances as per their tunes. The same with Ayodhya verdict.

    DisAgree Agree [5] Reply Report Abuse

  • AMAR NATHAL, MANGALORE

    Thu, Nov 14 2019

    The voters are considered fools. An elected leader resigns and contests again from another party just to become a minister that comes again to power due to his monkey business.
    If we had a law that at least states that resigned leaders cannot be ministers that would have been deterrent enough for those resigning. But, a terrible pity, our politicians make laws to favour them and not the citizens.

    DisAgree [1] Agree [4] Reply Report Abuse

  • Alphonse Rodrigues, Udupi

    Wed, Nov 13 2019

    quote: Mahadeva, MalpeWed, Nov 13 2019
    ಕಳ್ಳತನ ಮಾಡುವುದು ತಪ್ಪು.ಆದರೆ ಕದ್ದ ಹಣವನ್ನು ಸ್ವಂತಕ್ಕೆ ಉಪಯೋಗಿಸುವುದು ತಪ್ಪಲ್ಲ.
    Robbing is punbishable under law.
    Hence using robbed money also is punishable under law.

    DisAgree [1] Agree [9] Reply Report Abuse

  • NN, NN

    Wed, Nov 13 2019

    What is the guarantee that these MLAs, if elected again, may not defect to another party? Was there any consideration for the time and money spent by the voters to elect these people again and again? Who pays for the election expenses? Certainly, it should come out of tax payers. Speakers decision of 5 years ban should have been upheld. Trust and loyalty is important virtues in electing people.

    DisAgree Agree [16] Reply Report Abuse

  • Alwin, Mangalore

    Wed, Nov 13 2019

    Law maker have no punishment. Some suggestions for amendment of defection is need of the hour with stringent rules specifically defined

    DisAgree Agree [12] Reply Report Abuse

  • Zameer, Udipi

    Wed, Nov 13 2019

    Very good verdict "anarha shashaka" confirmed, contest and win it is their power

    DisAgree [6] Agree [11] Reply Report Abuse

  • RSRB, Kundapura

    Wed, Nov 13 2019

    SC upholds speakers decision?
    Speaker wanted the MLAs remain disqualified till year 2023.
    MLAs wanted to resign and recontest.

    SC decision came as MLAs wanted, not what speaker wanted.
    Then how come SC upholds speakers decision?

    All are now doubting the way the media presents the news.

    DisAgree [7] Agree [28] Reply Report Abuse

  • Francis, Shirva/UK

    Wed, Nov 13 2019

    I respect Supreme Court but disagree with its decision, court should not allow this corrupt politicians to contest the election. It will give wrong signal to people and court lose its dignity.

    DisAgree [3] Agree [43] Reply Report Abuse

  • Rajesh, Manglore

    Wed, Nov 13 2019

    It is clear now SC also Not supreme, Next Raffle Case verdict also same. All departments now a days corrupted, our future in our hand, please prepare yourself don’t depend any one.

    DisAgree [7] Agree [51] Reply Report Abuse

  • JL, Mangaluru Smart City

    Wed, Nov 13 2019

    Bolo Electronic Victory Machine.. ko... Jai.....

    DisAgree [3] Agree [33] Reply Report Abuse

  • Rathnakara A, Shirva

    Wed, Nov 13 2019

    See the extract from today’s judgement:
    “ i. There is a growing trend of the Speaker acting against the constitutional duty of being neutral. Further horse trading and corrupt practices associated with defection and change of loyalty for lure of office or wrong reasons have not
    abated. Thereby the citizens are denied stable governments. In these circumstances, there is need to consider strengthening certain aspects, so that such undemocratic practices are discouraged and checked.”

    So change the law/ or amend the constitution. In order to prevent defection largest party or pre poll alliance must be allowed to form the government. Otherwise such cases keep on repeating

    DisAgree Agree [27] Reply Report Abuse

  • John R Lobo, Kaikamba/Mangalore

    Wed, Nov 13 2019

    University/ College can disqualify student for low attendance. But it Block him/her for appearing the Final Exam.

    DisAgree [1] Agree [31] Reply Report Abuse

  • John R Lobo, Kaikamba

    Wed, Nov 13 2019

    It can not

    DisAgree [2] Agree [5] Reply Report Abuse

  • Valerian Dsouza, Udupi / Mumbai

    Wed, Nov 13 2019

    Whoever have fought under a party symbol should remain loyal to the party at-least till their assembly term ends.
    Otherwise, after people vote them and get elected, switching over loyalties is betrayal to voters as well as to the party.
    Such practices are prone to corruption at high places, law makers.
    Honorable SC upheld speakers decision is highly laudable in public interest!

    DisAgree [3] Agree [26] Reply Report Abuse

  • vasu, Mangalore

    Wed, Nov 13 2019

    Same thing applies to Shiv Sena -Congress-NCP government comming up in Maharashtra as well..

    DisAgree [4] Agree [12] Reply Report Abuse

  • John R Lobo, Kaikmba/Mangalore

    Wed, Nov 13 2019

    What is the use of Anti Defection Law.
    Soon SC judgment will open “ Pandora Box”
    Hereafter any elected member can cross over from Opposition to ruling Party or Vice versa without any fear of Law.

    DisAgree [2] Agree [30] Reply Report Abuse

  • Tilak, Blore

    Wed, Nov 13 2019

    Shivsena mla's are waiting...

    DisAgree Agree [2] Reply Report Abuse

  • Samad, Mangalore

    Wed, Nov 13 2019

    Decision is like down payment me dunga EMI tum bharna...Gadi tho mil gayi na..

    DisAgree [3] Agree [21] Reply Report Abuse

  • abdul munim, mangaluru

    Wed, Nov 13 2019

    Till changu and mangu (daku and feku) are there in power, all the decision of SC will be in their favour.

    The magistrates know what happened with Justice Loya. No one wants to die 'Kutte ki Mauth'

    DisAgree [13] Agree [58] Reply Report Abuse

  • madason, mangalore

    Wed, Nov 13 2019

    some people don't respect even supreme court verdict. what a tragedy.

    DisAgree [43] Agree [8] Reply Report Abuse

  • abdul munim, mangaluru

    Wed, Nov 13 2019

    do not act like an innocent. Can't you see that even the judiciary is sold out?

    DisAgree [2] Agree [10] Reply Report Abuse

  • James, Belman

    Wed, Nov 13 2019

    Law and judiciary sold out in the hands of political leaders and Karnataka educated people garland and welcome criminals.

    DisAgree [2] Agree [44] Reply Report Abuse

  • j.anata, Mangaluru / Bengaluru

    Wed, Nov 13 2019

    Now simple target for Dr Yeddy is to make party win in a minimum of 8 seats to get simple majority.
    Ashte

    DisAgree [7] Agree [19] Reply Report Abuse

  • Roshan Rodrigues, Mangalore

    Wed, Nov 13 2019

    From Bjp they no need to win 8 seats because they want to kick out Yeddy .
    But Shoba and Yeddy will work hard.

    DisAgree [5] Agree [18] Reply Report Abuse

  • Deva, Pilar

    Wed, Nov 13 2019

    Don't think Yeddy can work hard now???

    DisAgree [2] Agree [18] Reply Report Abuse

  • Deva, Pilar

    Wed, Nov 13 2019

    Now Voters will give them their Judgement..backstabbers.

    DisAgree [4] Agree [38] Reply Report Abuse

  • Fernandes, Mangalore

    Wed, Nov 13 2019

    Dear AM Mangalore, Decision was already made long back when horse trading was done and MLS are out of parliament. But to delivery it they were waiting for proxy. That much I can say. Also they want horse trading people with them so that money roiling will be there.

    DisAgree [7] Agree [37] Reply Report Abuse

  • GANESH, Dubai/Mangalore

    Wed, Nov 13 2019

    This was expected from the BJP government...

    DisAgree [7] Agree [58] Reply Report Abuse

  • AM, Mangalore

    Wed, Nov 13 2019

    Why SC has not dare to ban these disqualified MLA's? Do we have shortage of candidates? Why SC is allowing them to contest again and if win again they fall prey to horse trading and this story never ends

    DisAgree [6] Agree [66] Reply Report Abuse

  • Francis, Shirva/UK

    Wed, Nov 13 2019

    Because court is not supreme anymore under daku and peku s rule.

    DisAgree [2] Agree [24] Reply Report Abuse

  • Bob, Udupi

    Wed, Nov 13 2019

    Now Be ready to Face the People of Karnataka. Its time people need to wake up and show the real power of voters power.

    DisAgree [6] Agree [66] Reply Report Abuse

  • Karthik, Konaje/Navi Mumbai

    Wed, Nov 13 2019

    People?? You must be joking. Have you forgotten power of EVM?

    DisAgree Agree [6] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Nov 13 2019

    How will they convince Karnataka's Educated Electorate about Acche Din ...

    DisAgree [8] Agree [63] Reply Report Abuse

  • Fernandes, Mangalore

    Wed, Nov 13 2019

    Dear Mr.Saldanha, by this time you should have understood, till EVM is there no need to convince any educated or uneducated voter. EVM already got convinced. That’s enough.

    DisAgree [8] Agree [58] Reply Report Abuse

  • Mahadeva, Malpe

    Wed, Nov 13 2019

    ಕಳ್ಳತನ ಮಾಡುವುದು ತಪ್ಪು.ಆದರೆ ಕದ್ದ ಹಣವನ್ನು ಸ್ವಂತಕ್ಕೆ ಉಪಯೋಗಿಸುವುದು ತಪ್ಪಲ್ಲ.

    DisAgree [4] Agree [62] Reply Report Abuse


LEAVE A COMMENT

Title : SC upholds Speaker’s decision, allows disqualified MLAs to contest polls


 
 
 
 

 
You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.


Security Validation

Enter the characters in the image