Bengaluru, Sep 26: With the Election Commission on Thursday informing the Supreme Court that it would defer the bypolls to 15 assembly segments in Karnataka till it decides the case of disqualified Congress-JD(S) legislators, the Congress and JD(S) have raised questions on the poll body's conduct.
While disqualified MLAs termed it as a "relief", the BJP termed it as "first victory" to disqualified MLAs who had sought a stay on the bypolls.
"Supreme Court has said it will decide on the 17 disqualified MLAs and have posted (hearing) on October 22.
I'm surprised that opposition is expressing doubts and speaking lightly about the court decision.We will have to wait and see what SC decides," Chief Minister B S Yediyurappa said.
Speaking to reporters here, he said "It is relief to those (disqualified MLAs) who were anxious.What next is left to them. Today's SC decision is historical, I welcome it along with others."
On the other hand, JDS leader and former Chief Minister H D Kumaraswamy said: "for the first time an advocate representing election commission has voluntarily stated (to the court) that they were ready to defer the election.
This decision of Election Commission, which is a constitutional body, has demoralised the system in the country."
KPCC President Dinesh Gundu Rao tweeted that it looked as if the EC was taking instructions from someone.
"The election has been notified and filing of nomination has also begun, why are they now saying that they will postpone the by-elections. It looks like they are taking instructions from someone else," he said in a tweet.
However, welcoming the court's move to decide on the batch of petitions filed by disqualified MLAs, he said "The Supreme Court is going to look at the real intention of the anti-defection law and the orders of (the then) Speaker Ramesh Kumar.
If disqualified MLAs can contest bypolls, what's the use of the law? Our case has only got strengthened."
Later speaking to reporters, Rao said "the petition of the disqualified MLAs was that opportunity should be provided for them to contest in polls, Speaker's verdict should be revoked...
Supreme Court has said nothing on any of these issues, so they are still disqualified and their situation remains the same."
The Election Commission (EC) told the apex court on Thursday that it would defer the upcoming bypolls to 15 Assembly constituencies in Karnataka till top court finally decides the pleas filed by 17 disqualified MLAs of the state challenging their disqualification.
The EC submitted this after a bench headed by Justice N V Ramana said it would be "better" if the pleas filed by these disqualified MLAs were decided finally as virtually two-third arguments in the matter were already over.
"Then I will ask the Election Commission to defer it (bypolls in Karnataka) for sometime," senior advocate Rakesh Dwivedi, appearing for the EC, told the bench.
The lawyers appearing for the disqualified MLAs, Congress leader Siddaramaiah and other respondents said, they had no objection if the bypolls were deferred.
The bench asked both the parties to complete the pleadings in the matter till October 15 and posted it for hearing on October 22.
Reacting to the development, a disqualified MLA Ramesh Jarkiholi expressed hope that they will get "100 per cent justice."
Another disqualified MLA B C Patil said it was a welcome move because after the bypoll if the disqualification was revoked, then it would lead to a situation where one constituency would have had two MLAs, which would have gone against the constitution.
"We are confident we will get justice," R R Nagar disqualified MLA Munirathna said, as he accused the then Speaker Ramesh Kumar of intentionally disqualifying them and being partisan in favour Congress.
Welcoming the development, BJP leader and Minister for Rural Development and Panchayat Raj K S Eshwarappa tweeted this would give time for the court to examine the case in detail and give its verdict.
"It is the first victory to disqualified MLAs who had sought stay on bypolls," he said.
TheElection Commission last week had announced that by-elections to constituencies represented by 15 out of 17 disqualified former Congress-JD(S) legislators will be held on October 21 and results declared on October 24.
Among the 15 constituencies going to the polls, 12 were represented by Congress and 3 by JD(S).
Absence and resignation of 17 Congress-JD(S) MLAs during the trust vote had led to the collapse of the H D Kumaraswamy headed coalition government in July, and helped BJP come to power.
After examining the petition moved by leadership of both parties, the then assembly Speaker Ramesh Kumar had disqualified 17 Congress and JD(S) MLAs under the anti-defection law, which they have challenged in the Supreme Court.
Kumar had ruled that those disqualified cease to be MLAs with immediate effect till the expiry of the 15th assembly (in 2023).
But the role of the Election Commission in this case is extremely suspect.
— Dinesh Gundu Rao / ದಿನೇಶ್ ಗುಂಡೂರಾವ್ (@dineshgrao) September 26, 2019
The election has been notified and filing of nomination has also begun,
why are they now saying that they will postpone the by-elections.
It looks like they are taking instructions from someone else.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Bengaluru (PTI): As the speculation about leadership change in Karnataka rages yet again, a senior party leader and close aide of Siddaramaiah on Tuesday said the Chief Minister was ready to "sacrifice power" or continue in the top post, based on the directions of Congress leader Rahul Gandhi.
KN Rajanna also seemed to support the idea of a change in the party leadership as well, an apparent reference to deputy CM and Karnataka Congress president D K Shivakumar, whose supporters want him to be made CM.
Urging the Congress high command to clear the confusion on the leadership issue, Rajanna, a former minister who is considered close to Siddaramaiah, warned that continued uncertainty would be detrimental for the party and governance.
He also insisted that if the chief minister is changed, there should be a "Dalit CM" in Karnataka.
The development comes amid speculations within the party and political circles about a possible decision on leadership change and cabinet reshuffle after May 4, once the results for assembly elections in four states and one union territory, along with bypolls to two assembly segments in Karnataka, are announced.
"The Chief Minister has an open mind and has said he will abide by the directions of the high command and Rahul Gandhi, and that everyone should cooperate. The CM has repeatedly reiterated that he will abide by Rahul Gandhi's directives and suggested that everyone follow the decision. All ministers have agreed to it," Rajanna said in response to a question about the CM's recent discussion with his close cabinet colleagues and MLAs.
Speaking to reporters here, he said, "power is not permanent for any politician, those who lose it will try to gain it and those who have gained it will try to maintain it. The CM's mindset is that he is ready to sacrifice power or continue in power as per Rahul Gandhi's directions. He will abide by Rahul Gandhi's decision."
When asked whether supporters of Siddaramaiah demanded that he continue as CM, and if he steps down, that an AHINDA leader should take over, the MLA said the matter is for the high command to decide.
"We have told the high command what we had to. Ultimately it is left to high command and Rahul Gandhi," he said.
AHINDA (Kannada acronym for minorities, backward classes, and Dalits) is considered as the strong support base of Siddaramaiah and also the Congress party.
When asked about his past statement that there should be a Dalit CM after Siddaramaiah, Rajanna said, "What's wrong with it. I am committed to the statement that there should be a Dalit CM."
MLAs and leaders who want Shivakumar to be elevated have recently claimed they expect some "sweet news" by May 15, which is their leader's birthday.
When asked whether the party president should also be changed, the former minister said that everything has to change.
"If the ministers have to change, why shouldn't the party president. Everything will be decided by high command," he said.
Shivakumar is the state Congress President and has completed six years in the post.
For the government to function more actively towards the welfare of the people it is important that the high command clears the existing confusion in the Congress party at the earliest, Rajanna said, adding, the ministers have gone to discuss the same with the leadership.
"I too urge that the high command should not allow the confusion to continue; as long as the confusion continues, it is detrimental for the party and governance. I will also go to Delhi after May 4," he said.
"The high command is at it (resolving the confusion), but because of elections, the leaders are busy. The matter cannot be decided hastily, it must be decided with a clear state of mind, as it involves the future of the people of Karnataka and the party," he said, expressing confidence that the party will take appropriate decisions after examining all aspects.
PWD Minister Satish Jarkiholi on Monday met Congress President Mallikarjun Kharge and General Secretary (in charge of Karnataka) Randeep Surjewala in New Delhi and requested them to address the speculation regarding the change of leadership in the state.
Subsequently Social Welfare Minister H C Mahadevappa too met the party leadership in Delhi.
Both Jarkiholi and Mahadevappa are considered close to Siddaramaiah.
Regarding the demand for cabinet reshuffle, Rajanna said there is an expectation within both the party and the public that the administration should be sensitised more, and there is nothing wrong in new people getting opportunities.
Responding to a question, Rajanna said, there is a feeling among AHINDA communities that their expectations from the current government have not been fulfilled. "I too agree with it," he said.
Rajanna, who recently alleged that the Chief Minister is "helpless" and under some "compulsion," reiterated his statement by saying, "compare Siddaramaiah as CM during 2013-18 and 2023 to now, there is a huge difference, people are saying it."
The leadership issue is being hotly debated as Shivakumar's supporters have been demanding his elevation since late 2025, in lines with a rumoured power-sharing agreement involving Siddaramaiah when the party won the 2023 Assembly elections.
