SC reserves verdict on pleas against disqualification of Karnataka MLAs

Tribune News Service
New Delhi, October 25

The Supreme Court on Friday reserved its verdict on petitions challenging the then Speaker KR Ramesh Kumar’s decision to disqualify 17 Karnataka MLAs before the crucial trust vote that led to fall of HD Kumaraswamy government in the state.

A Bench headed by Justice NV Ramana reserved its order after hearing counsel for the petitioners i.e. disqualified MLAs, Kumaraswamy and new Speaker V Hegde Kageri and others.

The Bench was hearing petitions filed by 17 disqualified Karnataka MLAs, who have challenged the decision of the then Speaker Kumar to disqualify them.

The decision eventually led to the fall of Congress-JD(S) government headed by HD Kumaraswamy, who was forced to resign after losing a trust vote. Thereafter, BS Yediyurappa-led government was formed in the state.

Kageri had on Thursday said he was ready to hear the 17 MLAs disqualified by his predecessor KR Ramesh Kumar and take a “fresh call”.

On Friday, senior advocate Kapil Sibal, representing the Karnataka Congress, defended Kumar’s decision, saying he exercised his power to disqualify the MLAs and his decision cannot be questioned.

Sibal, who also represented Karnataka Congress chief Dinesh Gundu Rao, however said the matter needed to be referred to a Constitution Bench as it raised matters of “grave constitutional importance”.

Some disqualified MLAs had on Wednesday contended that they had 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”.

However, Sibal said there should be a genuine reason for resignation and the speaker had to examine the motive for resignation on the basis of available material.

He said resignation in writing and its acceptance by the speaker were the two elements which can’t be termed as instant and Constitution makers must have known that resignation and acceptance were not simultaneous events.