SC To Pronounce Judgment On Karnataka MLAs Disqualification Case Tomorrow

The Supreme Court will pronounce judgment tomorrow on the petitions filed by 17 rebel MLAs of Karnataka assembly challenging their disqualification.A bench comprising Justices N V Ramana, Sanjiv Khanna and Krishna Murari had reserved judgment in the case on October 25.The MLAs were disqualified by the former speaker Ramesh Kumar on the ground that their resignations were not voluntary, and hence amounted to defection.Background of the caseThe current crisis started on July 1 with the resignations of Vijayanagara MLA Anand Singh and Gokak MLA Ramesh Jarkiholi. Ramesh was already suspended from Congress for anti-party activities. Within a week, nearly thirteen more MLAs from Congress and JD(S) resigned. They were reportedly camping at Mumbai in the security of the BJP-led government in the state. Although BJP emerged as the single largest party with 104 seats after the 2018 elections, Congress and JD(S) had struck an out of blue alliance, stitching up 116 strength in the 224-members house. In a counter offensive move after the MLAs resigned, dealing a blow to the 13-month-old government, a delegation of Congress leaders met Speaker K R Ramesh Kumar and submitted the petition seeking, under the anti-defection law, disqualification of the rebel legislators. On July 10, the rebel MLAs moved the apex court alleging that the Speaker has failed in his constitutional duty and is on purpose procrastinating the acceptance of their resignations. On July 11, the bench headed by Chief Justice Ranjan Gogoi had permitted the disqualified MLAs (then 10 in number) to appear before the Speaker of the Karnataka Legislative Assembly at 6 PM on the same day, requesting the Speaker to grant an audience to them- "The petitioners, if they so wish and are so inclined, shall intimate the Hon'ble Speaker of the Assembly their decision to resign, in which event, the Hon'ble Speaker shall take a decision forthwith and, in any case, in the course of the remaining part of the day. Such decision of the Hon'ble Speaker as may be taken in terms of the present order, be laid before the Court tomorrow (12.07.2019)" The Speaker, on his part, had refused to be pushed around by the court's direction, arguing that he had the constitutional obligation under Article 190(3)(b) to ensure that the resignations were voluntary and genuine, that the rebel MLAs are attempting to avoid disqualification by tendering resignations and that the Speaker has to enquire on whether they have incurred disqualification as per anti-defection clauses under Schedule 10 of the Constitution, which cannot be done in a hurried fashion. On July 12, the court noted that issues of substantial importance arose in the case, particularly relating to a constitutional court's power to issue directions to another constitutional functionary to take decisions within a time frame, and the mechanism envisaged under the Constitutional scheme to tackle overlapping resignations and disqualification motions. "In the meantime, the status quo as on today, with regard to the ten petitioners, be maintained, namely, that neither the issue of resignation nor the issue of disqualification will be decided by the Hon'ble Speaker", the court had ordered. After an elaborate hearing, the court had on July 17 permitted the Speaker of the House to decide on the request for resignations by the 15 Members of the House "within such time frame as the Hon'ble Speaker may consider appropriate". "We also take the view that in the present case the discretion of the Hon'ble Speaker while deciding the above issue should not be fettered by any direction or observation of this Court. We also make it clear that until further orders the 15 Members of the Assembly, ought not to be compelled to participate in the proceedings of the ongoing session of the House and an option should be given to them that they can take part in the said proceedings or to opt to remain out of the same", the court held. After the fall of the coalition government post the trust vote, the then Speaker had disqualified them as MLAs, ruling that they cease to be so with immediate effect till the expiry of the term of the assembly (in 2023). The disqualification came to be challenged before another Supreme Court bench helmed by Justice N. V. Ramana. The interim relief that the by-polls be postponed was also sought. Although initially reluctant to procrastinate the polls scheduled for October 21, and instead inclined towards allowing the disqualified MLAs to contest the elections, subsequently, by a fresh notification on September 27, the Election Commission had conceded to push back the elections to December 5. The Karnataka High Court was moved in a writ petition challenging the validity of the Commission's decision, which proceedings were stayed by Justice Ramana's bench on October 23.Key arguments Senior Advocate Mukul Rohatgi, appearing for the disqualified MLAs, advanced a three-fold argument on behalf of the rebel...

SC To Pronounce Judgment On Karnataka MLAs Disqualification Case Tomorrow

Mehal Jain

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