Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Sep 23: The state high court has served notice to the state government, seeking an explanation relating to public interest litigation (PIL) that has questioned the nomination of H Vishwanath as a member of the legislative council (MLC).

The said PIL has been filed by social activist S Rukmangada. A division bench of the high court presided over by the Chief Justice A S Oka, also ordered issuance of the notice to Vishwanath.

The litigant has pointed out that when upholding the assembly speaker K R Ramesh Kumar's action in disqualifying 17 legislators, the Supreme Court had said that the disqualified MLAs are eligible to contest the bypoll. "Vishwanath fought the bypoll from Hunsur constituency and was defeated. As per Article 171 (5) of the Indian Constitution, Vishwanath is not eligible to be nominated as a member of the legislative council," he has argued.

Advocate representing the litigant pointed out that Vishwanath has been taking part in the ongoing legislature session. He sought an interim order restraining him from doing so. The bench said interim relief cannot be granted at this stage as constitutional provisions are involved. It said that it will examine the arguments of the defendants before arriving at a decision.