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Resignation is democratic right - Karnataka Speaker to Supreme Court

  •   Wed, Sep 25 2019 09:49:46 PM

New Delhi, Sep 25 (IANS): In an opinion contrary to his predecessor over disqualification of rebel MLAs, the Karnataka Assembly Speaker told the Supreme Court on Wednesday that resignation is a democratic right and legal provision does not say that one is disqualified if he or she gives up membership of the House.

Solicitor General Tushar Mehta representing Karnataka Assembly Speaker Vishweshwar Hegde Kageri told a bench headed by Justice N.V. Ramana that he is not taking sides on plea of 17 disqualified MLAs nor his predecessor but requested the court to lay down guidelines for the Speaker to deal with such a situation.

Citing a top court judgement, Mehta told the bench that legal provision does not say if you give up membership of House, you are disqualified.

"You can be disqualified by giving up membership of a political party. It is right of individual to step down and go back to people," Karnataka Assembly Speaker said opining that members can be disqualified, if they leave a political party.

Mehta said that the issue here is related to relationship between electorate and elected representatives and therefore opined that right to resign has to be recognised.

However, Mehta said that he did not want to be critical of whatever happened in this case but it may happen very frequently and issue needs to be adjudicated by the court.

These opinions came while hearing the disqualified MLAs' plea pleading that they should be allowed to contest bypolls scheduled on October 21.

The court has posted the matter for Thursday for further arguments and Congress and JD-S would respond to plea of disqualified MLAs.

Appearing for the rebel MLAs, senior advocate Mukul Rohatgi told the court that former Speaker K.R. Ramesh was custodian of House and not of any political party.

He requested the court to suspend or defer by-elections. He also requested the court to stay the order that disqualify the MLAs as the legislators did not want to go to ask for votes with the tag that they have been disqualified.

Senior advocate C.A. Sundram, who was representing disqualified MLA Sudhakar said that dissenting voice is a basis of democracy and members cannot act like sheep to follow the rest.

Sundram told the court that it is not a sin to leave a party and resignation does not mean that he has defected and not left the party.

--IANS

ak/kr
  

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Comment on this article

  • Sangram Sangam, Kundapur

    Thu, Sep 26 2019

    Ramesh kumar done a favor for his party
    Now new speaker favoring his party,
    ITS EVERYBODY KNOWS

    DisAgree [1] Agree [11] Reply Report Abuse

  • N.M, Mangalore

    Thu, Sep 26 2019

    These MLA's sold themselves to Balatkari Janata Party during' Operation Kamala' They have betrayed the voters of their constituency and must be permanently disqualified.

    DisAgree [7] Agree [25] Reply Report Abuse

  • Krishna, Udupi

    Thu, Sep 26 2019

    12 JDS MLA sold not only themself also their family for congress... god knows what siddu did with them as MLA was usefull in assembly and family??????

    also recently congress purchased 6 Balatkari Samajwadi party MLA as congress decided to give training to their MLA from expert in Bala....

    DisAgree [2] Agree [4] Reply Report Abuse

  • N.M, Mangalore

    Thu, Sep 26 2019

    BJP is the fountainhead of corruption and Operation Kamala is a testimony to that.

    Was it 20 or 50 Crores per MLA, can you please confirm with Jailappa?

    DisAgree [2] Agree [3] Reply Report Abuse

  • Krishna, Udupi

    Thu, Sep 26 2019

    dear N.M.

    8 crore paid to mohaka thare ramya,

    Can u please tell the public for what huge money paid?????????????

    waise sabko maloom hai

    DisAgree [3] Agree [2] Report Abuse

  • C.S.N. Mascarenhas, Mangalore

    Thu, Sep 26 2019

    If resigning is the democratic right of MLAs then cheating the electorate is democratic right. These people are taking public for granted to serve their own purposes. They don't have shame to make such statement. Why general public should keep quiet? All MLAs and MPs are answerable to the electorate. This type of unethical activity should be stopped for good. Enough is enough, people should not take the beating for ever. Wake up people, just understand that this is not the way democracy should function. JAI HIND.

    DisAgree [4] Agree [20] Reply Report Abuse

  • Rational thinker, Mangalore

    Thu, Sep 26 2019

    What about accepting suitcases? Is this Aldo a democratic right??

    DisAgree [1] Agree [21] Reply Report Abuse

  • vishnu bhat, bangalore

    Thu, Sep 26 2019

    warped logic. Basically, all unscrupulous chaps who will eat crap if there is benefit in it. If they are so upright, there should be a cooling ff period of 5 years before they seek re-election on any party's ticket.

    DisAgree Agree [12] Reply Report Abuse

  • SMS, Kundapura

    Thu, Sep 26 2019

    Yes, Resigning is democratic. But making them to resign for your self benefit is totally undemocratic.

    But we must appreciate your ‘daring’ attitude that you people have ‘robbed’ on broad day light. but we are helpless.

    DisAgree [6] Agree [22] Reply Report Abuse

  • Rathan, Mangalore

    Thu, Sep 26 2019

    Sms
    It is ur view that MLAs have robbed /taken money. Here it is legal point whether an individual has the right to resign or not? Further unless solid proof of some under hand dealing is provided you can't blame them. If u r so sure file a case and provide proof

    DisAgree [10] Agree [4] Reply Report Abuse

  • Alwin, Mangalore

    Wed, Sep 25 2019

    The leaving of a party for pecuniary benefit is a way to corruption. The toppling of Govt for selfish interest is demoralizing public life. The desire for reelection is causing public expenditure. The absence of service Moto is unfit for public life. Black mailing govt is a form of terrorism. Demoralizing public Life and demoralizing democracy is burden to the society.such people from any party should be sent out from public life. The continuation will demoralise and degrade values in society. The honourable court lift the veil of intentions and go beyond the law and find out moral of society and keep them from public life. They will always cost to govt treasury and moral
    There is no bar for them to work for the public even though they disgusted with party or leader.they always say that they are for public good.if the honourable court streamline these types of activities,there will be public good and will have fear.and misuse of public institution will stop

    DisAgree [2] Agree [7] Reply Report Abuse

  • Jossey Saldanha, Atlanta

    Wed, Sep 25 2019

    These 17 disqualified MLA's have enough money to last for 7 Generations ...

    DisAgree [5] Agree [19] Reply Report Abuse

  • Krishna, Udupi

    Thu, Sep 26 2019

    why 12 JDS MLA who switched to congress contesting election if they have enough money to last for 7 Generations ...

    Also recently congress paid enough money to last for 7 Generations ... to 6 BSP MLA in Rajasthan???

    DisAgree [11] Agree [6] Reply Report Abuse

  • Narendra Kumar, Mangalore

    Wed, Sep 25 2019

    Balatkar Janata Party thinks any rule can be tweaked as per their requirement. This case should be precedent and precursor to the electorate of India. Money doen't grow on trees and taxpayers are paying the election expenses! Teach them a model lesson and let the greed and bribery be in the backfoot!

    DisAgree [3] Agree [11] Reply Report Abuse

  • AMAR NATHAL, MANGALORE

    Wed, Sep 25 2019

    Smart Advocates make us look stupid to accept their arguments.
    Solicitor General Tushar Mehta representing Karnataka Assembly Speaker says, one can be disqualified by giving up membership of a political party. It is right of individual to step down and go back to people... members can be disqualified, if they leave a political party.

    He further argued that the issue here is related to relationship between electorate and elected representatives and therefore opined that right to resign has to be recognized adding that he did not want to be critical of whatever happened in this case but it may happen very frequently and issue needs to be adjudicated by the court.
    Even uneducated voter needs to ask how often one can a MLA/MP resign and join another Party to contest election? Who pays for the expenses because of the greed and corruption of a political representative?
    Resigning is fundamental right, sounds good. Joining another party to contest elections sounds a warning.
    Supreme court should set a precedence that once elected he/she should wait for the entire 5 year term to re-contest from whichever party one chooses.

    DisAgree [1] Agree [11] Reply Report Abuse

  • YOGI THUNTA, MANGALURU - NEAR PUMPWELL CIRCLE

    Wed, Sep 25 2019

    Politics is a scoundrels business if this case against the BJPeee would have another story to tell you guys >

    DisAgree Agree [9] Reply Report Abuse

  • David Pais, Mangalore

    Wed, Sep 25 2019

    mla's were elected by da people keeping their trust in their chosen party. u can resign 2 a party. But u must b re-elected in your new chosen party. but if disqualified 4 6 years u cannot contest elections.

    DisAgree [4] Agree [33] Reply Report Abuse

  • James, Belman

    Wed, Sep 25 2019

    These 17 MLA's didn't resign whereas they were sold themselves to BJP and BJP bought them paying crores. Everyone knows what had happened including the SC. Now the SC must disqualify them and ban them contesting elections.
    People should stone them on the streets

    DisAgree [6] Agree [53] Reply Report Abuse

  • Howdy, Mangalore

    Wed, Sep 25 2019

    Here the issue is 'Disqualification' due to violation of rules. It would have been a different case had they 'Resigned'. So, wherever there is violation of law there will be consequences. So don't feel comfortable and build a case for them by making 1+1=11 to accommodate them into your party. We are not blind to say Yes Yes.

    DisAgree [3] Agree [36] Reply Report Abuse


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