Karnataka Rebel MLAs Eligible To Contest Bypolls: SC Rules Speaker Can’t Disqualify Them Till End Of The Term
Karnataka Rebel MLAs Eligible To Contest Bypolls: SC Rules Speaker Can’t Disqualify Them Till End Of The TermSupreme Court Of India (Sonu Mehta/Hindustan Times via Getty Images)

The 17 disqualified MLAs in Karnataka are open to contest the bypolls slated on 5 December, as the Supreme Court on Wednesday (13 November) upheld their disqualification, but struck down Speaker's decision to disqualify them till the end of term of the Legislative Assembly.

A bench headed by Justice N V Ramana ruled that the Assembly Speaker is not empowered to disqualify MLAs till end of the term of the House.

The Supreme Court has refrained from commenting on the validity of the resignation though. The apex court emphasised on the constitutional morality saying that the Speaker can only examine the resignation is voluntarily or otherwise.

The Supreme Court opined that there is no doubt that disqualification takes place when there is defection.

The defection had happened before the resignation, therefore, the tenet of disqualification does not vanish as the Supreme Court upheld the Speaker's decision to disqualify the MLAs.

(This story has been published from a wire agency feed without modifications to the text. Only the headline has been changed.)

An Appeal...

Dear Reader,

As you are no doubt aware, Swarajya is a media product that is directly dependent on support from its readers in the form of subscriptions. We do not have the muscle and backing of a large media conglomerate nor are we playing for the large advertisement sweep-stake.

Our business model is you and your subscription. And in challenging times like these, we need your support now more than ever.

We deliver over 10 - 15 high quality articles with expert insights and views. From 7AM in the morning to 10PM late night we operate to ensure you, the reader, get to see what is just right.

Becoming a Patron or a subscriber for as little as Rs 1200/year is the best way you can support our efforts.

Become A Patron
Become A Subscriber
Advertisement