Allow us to contest bypolls or stay elections: Disqualified MLAs to tell SC

Bengaluru, Sept 22: After the Karnataka State Election Commissioner Sanjeev Kumar declared that the 17 disqualified MLAs, who had earlier resigned from the Congress and the Janata Dal (Secular) leading to the collapse of the coalition government, will not be allowed to contest in the upcoming by-polls, the helpless MLAs have decided to seek SC permission to contest bypolls.

The Supreme Court is yet to take up petitions of disqualified MLAs against then-Karnataka Assembly Speaker's decision that rejected their resignations and debarred them from contesting elections in the current term of the Assembly.

A three-judge bench presided by Justice N V Ramana would take up as many as nine separate petitions by 17 disqualified MLAs from the Congress and the JDS.

According to the lawyers connected to the matter, the former legislators are going to seek either permission to contest the by-polls or stay the elections scheduled on October 21 in their constituencies.

As the courts normally desist from staying the elections once announced by the Election Commission, the disqualified MLAs in all likelihood are going to press for a direction to allow them to fight the bypolls, pending the top court's decision on their plea against the Speaker's orders.

The disqualified MLAs are running against time and any delay would mar their prospects to be legislators again in the current term.

State Congress president and JDS leaders who have been made respondents in the disqualified MLAs petitions in all probability would oppose the prayers since granting any such interim relief would come as a major victory for those whose dissidence led to the downfall of the coalition government.

The state government led by B S Yediyurappa would also be keenly watching the development. The bypolls would hold the key for its continuance.

On the last date of hearing, Justice Mohan M Shantanagoudar, who hails from the Karnataka, had recused from the hearing the case.

The EC had on Saturday announced the bypolls in 15 out of 17 constituencies. In two constituencies, Raja Rajeshwari Nagar and Maski, elections petitions are pending in the Karnataka High Court.

Seventeen MLAs -- 14 from the Congress and three from the JDS, had faced actions under the Tenth Schedule of the Constitution and stood disqualified by the Speaker on petitions filed their party leaders.

In their plea before the top court, they challenged the validity of the then Speaker's order that rejected their resignations and declared them as ineligible to be legislators again during the term of the 15th Karnataka Legislative Assembly. They called the orders passed by then Speaker K R Ramesh Kumar as "wholly illegal, arbitrary and mala fide".