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Bengaluru: MLAs disqualification case - SC judge of Karnataka origin recuses from hearing

  •   Tue, Sep 17 2019 06:57:39 PM

Daijiworld Media Network - Bengaluru (MS) 

Bengaluru, Sep 17: It seems the wait for the 17 disqualified MLAs of Congress and JD (S) is never ending. One of the Supreme Court judges, assigned to hear the case, recused himself as he is from Karnataka. 

Justice M M Shantanagoudar is the judge who excused himself from hearing the case saying that he is basically from Karnataka and his conscience will not allow him to hear the case. However, all the parties of this case did not have any objection to his hearing of the case. 

Justice Shantanagoudar had started his legal career as a lawyer in Dharwad and later went to Bengaluru and was the chairman of the Karnataka state Bar council, in addition to being the public prosecutor for Karnataka. He was promoted as judge of Supreme Court in 2017. He also served as the chief justice of Kerala high court before moving on to Supreme Court.


File photo 

The 17 disqualified MLAs of Congress and JD (S) had resigned which brought down the coalition government and made way for BJP to form government in the state of Karnataka. They were subsequently disqualified the then speaker Ramesh Kumar of Karnataka assembly. 

Now the case will be heard by a different bench on September 23. The MLAs are expecting a favourable verdict from the Supreme Court in this case so that they need not wait till the next assembly polls, which are scheduled as per the norms in 2023. However, if the Supreme Court also upholds the disqualification passed by the speaker of Karnataka assembly, then they cannot get indicted into the cabinet of CM B S Yediyurappa. 
  

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Comment on this article

  • Gangaram, Moodbidri

    Wed, Sep 18 2019

    Its unfortunate to read SC judge excuse over he is from Karnataka!!!

    For a judge should not bother his state language caste or creed to give fair judgement..


    don't look at the state but give the judgement as per law and truth should prevail......... if you cant do that please resign for the post and go home.......

    DisAgree Agree [4] Reply Report Abuse

  • Jossey Saldanha, Atlanta

    Wed, Sep 18 2019

    They have enough money to buy a thousand acres of land & do Collective Farming ...

    DisAgree [4] Agree [11] Reply Report Abuse

  • Krishna, Udupi

    Wed, Sep 18 2019

    in Rajasthan congress gave 1000 crore each to BSP MLA to buy them???????

    DisAgree [14] Agree [2] Reply Report Abuse

  • Krishna, Udupi

    Wed, Sep 18 2019

    DKS earned with out changing pary, as per HDD DKS was waiter in Assembly Canteen, now he is owner of 10k cr property...

    DisAgree [5] Agree [2] Reply Report Abuse

  • Krishna, Udupi

    Wed, Sep 18 2019

    congress sold their 6 MLA in TRN for 1000 crore each to TRS in Telangana, and Purchased 6 BSP MLA in Rajasthan by paying 1000 crore each????????????????

    DisAgree [4] Agree [3] Reply Report Abuse

  • Francis Lewis, Sastan

    Wed, Sep 18 2019

    Make sure before commenting

    DisAgree [2] Agree [4] Reply Report Abuse

  • Krishna, Udupi

    Wed, Sep 18 2019

    Am asking Jossey, as per his claim earlier each MLA s rate is 1000 crore, now he will answer on what rate these MLA in Telangana and Rajasthan sold

    DisAgree [4] Agree [1] Report Abuse

  • Krishna, Udupi

    Wed, Sep 18 2019

    when 12 JDS MLA purchased by congress, HDD and HDK requested them to disqualify, but speaker didnt disqualify as they were purchased by Congress for 1000 cr each??????????

    DisAgree [2] Agree [1] Reply Report Abuse

  • Krishna, Udupi

    Wed, Sep 18 2019

    When JDS told no CM seat to siddu, he jumped to congress by taking 1000 crore?????????

    DisAgree [1] Agree Reply Report Abuse

  • SmR, Karkala

    Tue, Sep 17 2019

    The case of 17 disqualified MLAs of Congress and JD (S) hearing seems to be identical in nature like Raghaveshwara Bharathi is the present mathadhis of Shri Ramachandrapura Mutt in which 15th judge to recuse from a case.

    A Judge, while assuming office, takes an oath as prescribed under Schedule III to the Constitution of India, that:
    ".... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge, and judgment perform the duties of my office without fear or favor, affection or ill will and that I will uphold the Constitution and the laws,"

    While having taken the oath, as referred hereinabove, a Judge is always expected to discharge his duties without fear or favor, affection or ill will. It is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc. to recuse himself from the adjudication of a particular matter.

    Ultimately, a mistaken case of recusal can prove just as destructive to Rule of Law as those cases where a Judge refuses a recusal despite the existence of bias. If it is reasonable to think that a Supreme Court Justice can be bought so cheap, the nation is in deeper trouble than I had imagined.

    If Judge can't fulfill his duty according to the oath of office, his license and benefits should be withdrawn.

    How can nation afford 15 judges who recuse to hearing of Raghaveshwara Bharathi in disciple rape and murder case despite his DNA match?

    Jai Hind

    DisAgree [3] Agree [11] Reply Report Abuse

  • AMAR NATHAL, MANGALORE

    Tue, Sep 17 2019

    Hear their case then fix the next hearing after six months. Then again after another six months. No hurry. They voluntarily resigned to rest. They were elected for 5 years. At least 5 year rest they deserve as per their choice.

    DisAgree Agree [24] Reply Report Abuse

  • James, Belman

    Tue, Sep 17 2019

    Case will go 100% in favor of these criminal MLA's. Yeddi and the BJP top leaders will bribe the judge since he's from karnataka

    DisAgree [2] Agree [22] Reply Report Abuse

  • Eddi, Mangalore

    Tue, Sep 17 2019

    As a judge you should deliver the judgement as per our constitution and law. If there is immotion involved, then one should step down from his profession. This profession does not consider immotion while deliverying the verdict .

    DisAgree Agree [19] Reply Report Abuse

  • Pili, Mangalore

    Tue, Sep 17 2019

    Take this case or another 20 years your honour.. let them sit under the.tree and enjoy pakoda and pose for group photo. Where is rolls Royce?

    DisAgree Agree [35] Reply Report Abuse

  • Tea Boy, Mangalore

    Tue, Sep 17 2019

    If you can not hear the plea as a judge then step down and ask for another competant SC judge to take up the case. Once the case has been registered and accepted by the court then it is legally not right to push aside till interim elections. This is not a movie to display your conscience and emotions but deliver a just verdict based on facts and within the law.

    DisAgree [7] Agree [31] Reply Report Abuse


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Title: Bengaluru: MLAs disqualification case - SC judge of Karnataka origin recuses from hearing



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