The Supreme Court upheld the disqualification of 17 rebel Karnataka MLAs but allowed them to contest the by-elections to be held on December 5.
The legislators had moved the top court against the speaker’s decision to disqualify and bar them from contesting elections under the anti-defection law till the current assembly expires in 2023.
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The bench said, “We are upholding the order of the Speaker [on disqualification].” A three-judge bench of the top court, comprising justices NV Ramana, Sanjeev Khanna and Krishna Murari heard the pleas of the lawmakers.
According to news sources, the court said that if elected in the by-polls, the disqualified MLAs can become ministers or hold public office.
The court said its verdict is based on facts and circumstances of the case and does not interfere in Speaker’s power to disqualify members.
The Congress and Janata Dal Secular lawmakers had resigned their seats in July before shifting to resorts and hotels in Mumbai. The Congress and JD(S) had alleged that they were sequestered by BJP leaders, to prevent them from reconsidering the decision.
Their resignations reduced the then JD(S)-Congress government to minority. KR Ramesh, who was the speaker before the HD Kumaraswamy-led coalition government lost its majority, however, ruled that they had violated the anti-defection law and disqualified them till the end of the term.