Karnataka MLAs disqualification: SC upholds disqualification; but allows MLAs to contest in by-polls

By Team MyNation  |  First Published Nov 13, 2019, 10:55 AM IST

17 disqualified Karnataka MLAs can contest the upcoming by-polls on December 5, but their disqualification holds good, the Supreme Court observed.

Bengaluru: The Supreme Court today delivered its verdict on the case related to the disqualification of the17 Karnataka MLAs. 

Observing that morality should be a key aspect for both the ruling party and the opposition, the top court upheld the disqualification of the 17 MLAs, thereby honouring what the former Assembly Speaker Ramesh did. 

However, the top court allowed the disqualified MLAs to contest the by-polls to be held on December 5. 

The apex court also held that the disqualified MLAs should not have knocked on the doors of the Supreme Court, rather should have approached the Karnataka high court. 

Through the verdict, the SC had done a balancing act. The verdict recognises the hurry in which the MLAs resigned and the authoritative manner in which the Speaker went beyond his jurisdiction in disqualifying them for a tenure of 6 years.

It observed, “The Speaker in exercise of powers does not have the power to indicate the period of for which a person is barred from contesting election.” 

The top court also observed that horse trading and violation of political principles are increasing in the country. 

While there were prayers for a larger bench to hear the case, the top court has not honoured it.   

BC Patil, one of the disqualified MLAs, welcomed the verdict and said that they are happy with the verdict. 

H Vishwanath, another disqualified MLA also welcomed it. He said, “Whatever the top court has said, we welcome. The Speaker had a ploy to finish us off. The SC has honoured our plea. I am sure the people of our constituency will welcome us and support us. I am also sure the people of our constituency are aware of the SC verdict.” 

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