Disqualified Karnataka MLAs’ case: All eyes on Supreme Court as it delivers verdict today

NEW DELHI/BENGALURU: The Supreme Court on Wednesday will pass orders on petitions filed by the 17 disqualified Congress and JD(S) Karnataka MLAs, challenging the decision of then speaker KR Ramesh Kumar disqualifying them for a period of six years after they submitted their resignations from the house.
A bench comprising Justices NV Ramana, Sanjiv Khanna and Krishna Murari will deliver its verdict at 10.30am and the final outcome could break new ground on determining the speaker’s powers, including on rejection of resignations by members of the assembly.

Many of the disqualified legislators, including BC Patil and K Sudhakar, who have been waiting for the verdict with bated breath, left for Delhi on Tuesday. “We are hopeful that the judgement will be in our favour,” Patil said.
Chief minister BS Yediyurappa also sent his deputy CN Ashwath Narayan as an emissary to Delhi to discuss scenarios with party bosses ahead of the judgement.
The verdict will not only decide whether the disqualified MLAs can contest the bypolls scheduled for December 5, but it will also have a bearing on the Yediyurappa-led minority government.
In the SC, the disqualified MLAs argued that Ramesh Kumar’s orders are illegal as they were not given sufficient time to respond to the notice. The order was passed within three days, while the rule states they should be given a week’s time. They argued the disqualification order had virtually “caged” them since they cannot contest elections despite being unafraid of facing an electorate.

Without directly criticising the decision of his predecessor, current speaker Vishweshwar Hegde Kageri had told the apex court that he was not taking sides in the present controversy, but a balance had to be maintained between an elected representative’s loyalty toward voters and towards his party.
Solicitor General Tushar Mehta, appearing for Kageri, contended that the right of a legislator to resign was equally important to right of a speaker to disqualify an MLA. He said a Constitution bench had recognised the right of a legislator to resign. Mehta contended that an MLA cannot be forced to toe the party line if his conscience does not allow him to do so and that he can resign from the house.
While arguments were on, the Election Commission threw in a googly by announcing dates for the bypolls, but it later agreed in the SC to postpone the elections to December from the original October.