Poll panel says by-election can take place after decision on 17 disqualified MLAs
Keeping the 17 disqualified MLAs of the Karnataka Assembly still in the electoral game, the Election Commission told the Supreme Court on Thursday that it was open to advance date of bypolls to 15 of the 17 Assembly seats that were to go on polls on October 21.
The Court said that such a decision would help them to finally decide whether the MLAs were rightly disqualified rather than dealing it piecemeal by first allowing their request to contest the present bypolls and then determine their disqualification pleas.
The suggestion of the bench of Justices NV Ramana, Sanjiv Khanna and Krishna Murari was readily accepted by senior advocate Rakesh Dwivedi appearing for Election Commission. The EC got added as a party to the present proceedings only few days ago on an application moved by the 17 MLAs. The EC told the Court that the MLAs could be allowed to contest if the Court comes to the conclusion that their resignation was genuine. A vacancy thus created due to resignation will stand on a different footing from that created due to disqualification.
At the same time, he told the bench that the Election Commission is bound to fill the seats within a period of six months from the date the vacancy got created. The seats fell vacant in July 2019 when the then Speaker disqualified the 17 MLAs of the Congress and Janata Dal (Secular) parties for the remaining term of the Assembly. At the same time, their resignations submitted earlier in date were rejected the same day.
EC counsel told the Court that the Court while determining the pleas of MLAs must be conscious of the right of the electorate to be represented n the House and thus the urgency to get the seat filled. After examining the submission of EC, the bench said, "We have heard arguments in great detail from all parties to the petitions. Rather than have a piecemeal approach, we can finally close the matter after completely hearing both sides." This suggestion was agreeable to all parties.
Dwivedi submitted, "I will tell the Commission to amend the notification." The bench told EC counsel, "We are not passing any specific order in this regard. We will hear the matter next on October 22. If you propose to do so, that will resolve this matter."
Out of the 17 constituencies that fell vacant, mid-term polls for 15 seats was announced by EC on Saturday. Election to two seats – Maski and RR Nagar were withheld as election petitions in this regard were pending in the Karnataka High Court.
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