SC verdict on disqualification: What fate awaits 17 rebel MLAs in Karnataka?

The Supreme Court is scheduled to pronounce today its verdict on the pleas of 17 disqualified Congress-JD(S) MLAs of Karnataka, challenging the orders of the then Assembly speaker K.R. Ramesh Kumar to disqualify them.

Kumar had disqualified these 17 MLAs of the ruling Congress-JD(S) coalition ahead of a trust vote in July, which the latter lost. The then chief minister H.D. Kumaraswamy had resigned after losing the trust vote, which paved the way for the BJP-led government in the state under B.S. Yediyurappa.

Narayana Gowda who represents KR Pet, K. Gopalaiah who represents Mahalakshmi Layout and A.H. Vishwanath from Hunsur were among those disqualified from the JD(S). K. Sudhakar from Chikaballapur, M.T.B. Nagaraj from Hoskote, Srimanth Patil from Kagwad, Roshan Baig from Shivajinagar, Anand Singh from Vijayanagara, S.T. Somasekhar from Yeshwanthpur, Shivram Hebbar from Yellappur, Pratap Gowda Patil from Maski, Byrati Basavraj from KR Puram and Munirathna from RR Nagar were those disqualified from the Congress side. The first ones to face the axe were independent MLA R. Shankar, Congress MLAs Ramesh Jarkiholi and Mahesh Kumtahalli.

A three-judge bench of justices N.V. Ramana, Sanjiv Khanna and Krishna Murari had on October 25 reserved its verdict on the petitions filed by these disqualified MLAs.

If the disqualification stands, that would pre-empt the possibilities of the MLA becoming a minister when the next government is formed; he cannot be a member of the assembly till 2023, which is the duration of the 15th legislative assembly, under the provisions of the anti-defection law. They can, however, contest in the re-elections. If the BJP did indeed promise ministerial berths, the disqualification could prove to be a blow for the rebel MLAs.

Bypolls to 15 out of these 17 assembly seats which fell vacant following the disqualification are scheduled on December 5 and candidates are required to file their nomination papers between November 11 and November 18. The MLAs had recently approached the apex court seeking a direction to the Election Commission to postpone the assembly bypolls for these 15 seats till the pronouncement of verdict in the matter. The Congress has already predicted wins in at least 12 out of the 15 seats, and three-time BJP MLA Raju Kage had defected to the Congress on Monday. 

Some of these disqualified MLAs had argued in the apex court that they have an "indefeasible right" to resign as members of the assembly and the decision by the then Speaker to disqualify them smacks of "vengeance" and "mala fide".

During the arguments in the matter, senior advocate Kapil Sibal, appearing for the Karnataka Congress, had contended that the then speaker, who was the master of the Assembly, had exercised his jurisdiction to disqualify these MLAs and his decision cannot be questioned.

Sibal had also submitted that "the matter needs to be referred to a Constitution bench as it raises matters of grave constitutional importance". The incumbent Karnataka Assembly Speaker had earlier told the top court that he has no difficulty in hearing these 17 MLAs and take a "fresh call" on the issue.

Solicitor General Tushar Mehta, appearing for the office of the Karnataka Assembly Speaker, had submitted that under the scheme of Constitution, a lawmaker has a right to resign and the Speaker should accept it. The current Assembly Speaker is V. Hegde Kageri. 

-Inputs from PTI