‘Allow us to contest or defer by-elections’

NEWDELHI: The 17 lawmakers disqualified by the former speaker of the Karnataka assembly should be allowed to contest the by-elections in the state -- the last date for filing nominations is Monday -- or the by-polls themselves should be deferred till the court rules on the case, senior advocate Mukul Rohatgi, appearing for some of the MLAs (members of the legislative assembly) told the Supreme Court on Wednesday.

The Election Commission’s counsel said the body has no view on the disqualifications but that the polls should not be deferred.

The new Karnataka Assembly Speaker Vishweshwar Hegde came out in support of the disqualified MLAs of Congress Party as he assailed his predecessor’s decision to disqualify and prohibit the former legislators from contesting elections.

Appearing before a bench led by Justice NV Ramana, Solicitor General of India Tushar Mehta submitted that a legislator has a right to resign from the membership of assembly as he owes it to the electorate who voted him to power.

The court is hearing the disqualified MLAs’ petition questioning the Speaker’s decision to disqualify them as members of the house instead of giving a final verdict on their resignations.

The resignation of the 17 MLAs from the Congress and JD(S) parties brought down the HD Kumaraswamy-led government in Karnataka in July this year. They were thereafter disqualified on grounds of defection by former the Speaker, KR Ramesh.

Mehta asked the court to frame guidelines for the speaker to decide on disqualification petitions and resignations. But the bench wondered if it can accept Mehta’s suggestion. “A speaker is a constitutional authority. How can we lay down guidelines,” the judges said.