New Delhi, Nov 13 (IANS): The 17 disqualified MLAs in Karnataka are open to contest the bypolls slated on December 5, as the Supreme Court on Wednesday upheld their disqualification, but struck down Speaker's decison to disqualify them till the end of term of the Legislative Assembly.
A bench headed by Justice N.V. Ramana ruled that the Assembly Speaker is not empowered to disqualify MLAs till end of the term of the House.
The Supreme Court has refrained from commenting on the validity of the resignation though. The apex court emphasised on the constitutional morality saying that the Speaker can only examine the resignation is voluntarily or otherwise.
The Supreme Court opined that there is no doubt that disqualification takes place when there is defection.
The defection had happened before the resignation, therefore, the tenet of disqualification does not vanish as the Supreme Court upheld the Speaker's decision to disqualify the MLAs.
11.01 am - Once the Speaker is satisfied that the member has tendered resignation freely, Speaker is bound to accept it, says Supreme Court.
10.52 am - We do not appreciate the manner in which the petitioners knocked on the doors of this court, says SC.
10.50 am - Supreme Court upholds Speaker's decision disqualifying them; allows them to contest polls
10.40 am - SC begins to read out order; says 'don't appreciate the manner in which petitioners came to Court'
Daijiworld Media Network - New Delhi
New Delhi, Nov 13: The verdict of the Supreme Court (SC), on which hinges the future of 17 Karnataka MLAs, will be delivered today. The judgement was also being awaited by three major parties in the state as it has the potential of deciding the future of the disqualified MLAs and prospects of the political parties concerned.
The disqualified legislators rushed to New Delhi on Tuesday evening in view of the announcement of the verdict today. The result will have far-reaching consequences on the by-poll, process of nomination relating to which is in progress at present for 15 constituencies.
Please watch this space for live updates from 10.30 am.
There is turmoil within the BJP too, as the party leaders who are unhappy at the party's plan to issue tickets to the disqualified legislators have raised a banner of revolt. The party also was grappling with the chances of more trouble in case the party is forced to issue tickets to relatives of the disqualified legislators if their disqualification is upheld, as this step would have fomented more trouble within the party.
Out of the 17 disqualified legislators, Shrimant Patil from Kagwad constituency and Shankar from Ranebennur, who had not resigned, have approached the court, arguing that the Speaker was not right in disqualifying them.