Karnataka: SC allows disqualified MLAs to contest December 5 bypolls

The Supreme Court on Wednesday upheld the disqualification of the 17 rebel MLAs from Karnataka, but refused to honour the speaker’s ruling to bar them from contesting elections till the tenure of the current assembly, which ends in 2023. 

A three-judge bench of Justices N.V. Ramana, Sanjeev Khanna and Krishna Murari observed that the speaker is not empowered to disqualify MLAs till the end of the legislature term and allowed the MLAs to contest the December 5 bypolls, when elections will be held to 15 out of the 17 vacant seats. 

With this, the disqualified Congress MLAs—Ramesh Jarkiholi (Gokak), Mahesh Kumathalli (Athani), Shivaram Hebbar (Yellapura), B.C. Patil (Hirekerur), S.T. Somashekhar (Yeshwantpur), Byrathi Basavaraj (KR Puram), MTB Nagaraj (Hoskote), Dr K. Sudhakar (Chikkaballapur), Roshan Baig (Shivajinagar), Anand Singh (Vijayanagar), Shreemantha Patil (Kagawada) and three JD(S) MLAS—A.H. Vishwanath (Hunsur), K. Gopalaiah (Mahalakshmi layout), Narayana Gowda (KR Pete), along with Independent MLA R. Shankar (Ranebennur), are eligible to contest in the upcoming bypolls. However, the bypolls in two constituencies earlier represented by Munirathna (RR Nagar) and Pratap Gouda Patil (Maski) have been deferred over complaints of election malpractice. 

The verdict has sure given the much-needed relief to the disqualified MLAs, who are hopeful of contesting the bypolls. However, for the saffron party—the beneficiary of the revolt that eventually led to the collapse of the JD(S)-Congress coalition government and installation of the BJP government in July—it will be a herculean task to choose between the rebels and its defeated candidates. Chief Minister B.S. Yediyurappa, who favours the rebels at this point of time for their “sacrifices” has an uphill task to pacify the local leaders and the cadres across the poll-bound constituencies as the last date for filing the nomination is only a few days away on November 18. 

The July rebellion saw as many as 17 rebels—14 from the Congress and three from the JD(S) resign from the assembly, citing their displeasure over the “coalition” government. However, the previous Speaker K.R. Ramesh Kumar, on July 28, disqualified them for the entire term of the current assembly under the anti-defection law, which was eventually contested by the disqualified MLAs before the Supreme Court. 

The Supreme Court, in an interim order on July 17, had said the 15 rebel MLAs should not be compelled to take part in House proceedings after both the Congress and the JD(S) issued a whip to even the MLAs who had resigned. However, the apex court had left it to the speaker to take a decision on the resignations “within a time frame he thinks appropriate". The disqualification came as a sudden jolt to the rebels, who argued that the speaker’s move was “vindictive” as he chose to ignore their resignation letters and entertained the disqualification petitions filed by the Congress and the JD(S). 

Almost four months later, even as the state is heading towards a crucial bypolls that can decided the fate of the incumbent BJP government (which needs six out of 15 seats to survive), the Supreme Court verdict has not stopped short of just deciding the fate of the disqualified MLAs, but has made critical observations too, calling for introspection among both the ruling and opposition parties. 

"In a parliamentary democracy, morality is equally binding on the government as well as the opposition. We proceeded to hear the case because of the peculiar instances. Both ruling and opposition parties have a role to uphold constitutional morality," said the SC bench.

Further, the bench noted that there is a “growing trend of speakers acting against the people’s mandate”. Citizens are being denied a stable government. There is no doubt defections need to be curbed, added the court.