SC verdict likely on disqualified Karnataka MLAs too
A bench of Justices N V Ramana, Sanjiv Khanna and Krishna Murari will deliver the verdict on their plea and the final outcome may break new ground on the Speaker’s powers, including on rejection of resignation by members of the assembly.
The disqualified MLAs had told the bench that disqualification orders passed by then Speaker K R Ramesh Kumar were illegal as they were not given sufficient time to respond to the notice and the orders were passed within three days against the Rule of giving one week’s time. They said the disqualification order had virtually “caged” them as they cannot contest elections despite being not afraid to face the electorate.
Without directly criticising the decision of his predecessor, Speaker Vishweshwar Hegde Kageri had told the apex court that he was not taking any sides in the present controversy but a balance had to be maintained between an elected representative’s loyalty towards the electorate and towards his party.
Solicitor General Tushar Mehta, appearing for the Speaker, contended that right of a legislator to resign was equally important to right of a Speaker to disqualify a lawmaker. He said the Constitution bench of the apex court had recognised the right of a legislator to resign and he could not be forced to toe the party line if his conscience does not allow him to do so and he can resign from the House.
After the disqualification, the Election Commission had issued notification to conduct bypolls but it later agreed before the apex court to extend the date for elections during the pendency of the case.
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