The Supreme Court will on Wednesday hear a petition by Karnataka’s 15 disqualified lawmakers seeking that October 21 by-polls in the state be suspended till a decision is taken on their appeal against the Speaker’s decision in July to disqualify them till the end of the term of the House, i.e. till the May 2023, for their alleged role in toppling the Congress-JD(S) coalition government.
In the last hearing on September 23, the top court had asked the Election Commission to respond to the MLAs’ petition. Senior advocate Mukul Rohatgi, appearing for the disqualified MLAs, had told the bench that as per disqualification orders of then Speaker, these persons cannot contest elections for the remaining period of this Assembly which will end in 2023. The Election Commission’s counsel, however, said that the Speaker’s order cannot deprive them of their right to contest bypolls.
The Congress and JD(S) lawmakers had resigned their seats in July before shifting to resorts and hotels in Mumbai where they were hidden away, allegedly by BJP leaders, to prevent them from changing their mind. The then Speaker ruled that they had violated the anti-defection law and disqualified them.
The exit of the Congress-JD(S) MLAs during HD Kumaraswamy’s trust vote had led to the collapse of the coalition government in July and helped the BJP come to power.
The elections are crucial for the ruling BJP. The party has the support of its 105 MLAs and one Independent MLA. It will need to win at least seven seats to reach a majority in the 225-member House.
The constituencies going to the polls are Athani, Kagwad, Gokak, Ranebennur, Hirekerur, Yellapur, Vijayanagara, Hunsur, Krishnarajpet, Hosakote, Chikballapura, Mahalakshmi Layout, Yeshwanthpura, Shivajinagar, and KR Pura.
