The EC made its submission before the three-member bench headed by Justice NV Ramana, who agreed to hear the plea filed by the disqualified MLAs challenging their disqualification.
The Election Commission on Monday told the Supreme Court that it has no objections against the 17 disqualified MLAs contesting bye-polls slated to be held in Karnataka. Fifteen of the 17 constituencies go to polls on October 21. The EC made its submission before the three-member bench headed by Justice NV Ramana, who agreed to hear the plea filed by the disqualified MLAs challenging their disqualification. EC’s counsel Rakesh Dwivedi told the court that the Commission sees no reason to stay the polls as it doesn’t bar the MLAs from contesting. Citing precedents set by Tamil Nadu, where 18 disqualified AIADMK MLAs were allowed to contest polls, EC told the court that it does not object to the disqualified leaders from contesting, ET reported. Kapil Sibal, who appeared for the Congress objected to the EC’s submission and said that the Election Commission made its submission even before the court had issued them notices. Mukul Rohatgi, who appeared for the disqualified MLAs, said that the former Karnataka Assembly Speaker’s orders were arbitrary and illegal, NDTV reported. He urged the court to allow the disqualified MLAs to contest the bye-polls. The hearing has been posted for Wednesday as the Supreme Court has issued notices to the Congress and JD(S) party chiefs in Karnataka, CLP (Congress Legislative Party) leader Siddaramaiah and former Speaker KR Ramesh Kumar to file their responses. This came as the Congress and JD(S) had filed a caveat pleading that their case be heard, before the SC makes a decision on the disqualified MLAs. The 17 MLAs were disqualified in July this year. Ramesh Jarkiholi, Mahesh Kumatahali and R Shankar were disqualified on July 25, while the remaining were disqualified on July 29, a day before the motion of confidence was passed in the Karnataka Assembly, which brought down the Congress-JD(S) coalition government. Former Speaker KR Ramesh Kumar had disqualified the MLAs and stopped them from contesting polls for the duration of the assembly, which ends in 2023.
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