Daijiworld Media Network - New Delhi
New Delhi, Sep 26: The Election Commission on Thursday told the Supreme Court that it would defer the upcoming bypolls to 15 Assembly constituencies in Karnataka till the apex court takes a decision on the 17 disqualified MLAs.
The Supreme Court has kept the hearing of the petitions of the disqualified MLAs on October 22. This comes after the Election Commission submitted that the elections in 15 Karnataka Assembly constituencies will be postponed until Supreme Court will decide on their petitions.
Meanwhile, senior advocate Kapil Sibal who is contending for former speaker Ramesh Kumar told court that it is not the job of the court or any political party to decide on how the Speaker should decide on resignations.
The Speaker has the right to inquire into the circumstances of the resignations. "The disqualified MLAs have stayed in high security hotel in Mumbai and travelled on a airplane owned by an MP. They have interacted with BJP leaders. How can the Speaker not look into them? How can it be said that the resignations are voluntary and hence they must be accepted,” Sibal argued.
Sibal highlighted that the disqualified MLAs met with the Governor before meeting the Speaker. “What does the Governor have to do with the happenings in the House,” Sibal said and questioned the motive of the MLAs.
On September 25, the rebels sought to make the Election Commission of India a party in the petition and filed applications to this effect.
This was done after the EC had said that these MLAs, disqualified by the Speaker should be allowed to contest the upcoming by-elections in Karnataka.
While Mukul Rohatgi is arguing for the rebels, Solicitor General Tushar Mehta is appearing for the office of the Speaker.
Rohatgi contended that people should be allowed to decide how the MLAs have conducted themselves. He also added that the MLAs are not scared to go back to the people.
BJP has already started finalising the names of the candidates. There are high chances that they may field the rebels for the upcoming by-elections. The last date to file the nominations is September 30.