The Supreme Court (SC) gave its judgement on the long standing case pertaining to 17 disqualified Karnataka Members of the Legislative Assembly (MLAs.)
The MLAs of Karnataka’s Janata Dal (Secular) [JD(S)] and the Indian National Congress (INC) resigned from the Party, due to which the State Government collapsed.
The Supreme Court, in its order, confirmed the disqualification of the MLAs, but did not ban them from contesting the upcoming Karnataka bypolls.
After the MLAs resigned from the JD(S) and the INC and were disqualified, the case was pending in the SC. Later, to fill the MLA posts, the Election Commission of India (ECI) announced bypolls for those 17 Assembly seats.
The SC said, “In a parliamentary democracy, morality is equally binding on the government and the opposition.” It further added the “taint of disqualification does not vaporise by tendering a resignation letter to the Speaker.”
B.S. Yediyurappa, the Chief Minister of Karnataka, said, “The previous Speaker Ramesh Kumar had conspired along with Siddaramaiah (Congress leader.) The Supreme Court has given a clear decision to it.”
During the hearing, the SC judges also emphasized on the need for a neutral Speaker, who acts according to the Constitution of India. The SC judges said, “There is a growing trend of the Speaker acting against the constitutional duty of being neutral. Further horse trading and corrupt practices associated with defection and change of loyalty for the lure of office or wrong reasons have not abated. Thereby the citizens are denied stable governments.” They further added, “Such undemocratic practices are discouraged and checked.”
Ramesh Kumar, the former Speaker of the Karnataka Assembly, disqualified the MLAs and barred them from contesting the Assembly elections till the current term ends, which will be in 2023.
After the SC’s announcement, INC leader Randeep Surjewala said, “The Supreme Court’s decision has exposed the BJP’s ‘Operation Kamal’ in Karnataka… The Yediyurappa Government is an ‘illegitimate’ government in terms of law and constitution and should be dismissed immediately.”
The INC also demanded the resignation of Yediyurappa, stating his Government’s formation was not legal.
The Karnataka bypolls are scheduled to be held on the 5th of December and the results would be announced on the 9th of December.
Stay tuned for further updates.
