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.
New Delhi (PTI): The Congress on Friday accused the Modi government of being "anti-worker" and demanded that the new labour code be reviewed, MGNREGA be revived as well as a national minimum wage of Rs 400 per day be established.
On International Labour Day, Congress president Mallikarjun Kharge took a swipe at the government and said unemployment in India today is a direct consequence of the 'Hum Do, Hamare Do' policies.
"Driven by the 'Hum Do, Hamare Do' policy, the Modi government implemented an anti-worker Labour Code. As a result, unrest has erupted everywhere - be it in Noida, at the IOCL facility in Panipat, Adani's factory in Raikheda, NTPC Patratu, or the Samsung factory in Sriperumbudur," Kharge said in a post in Hindi on X.
Instead of ensuring job security, this Code promotes policies such as contract labour and 'Hire & Fire' practices, Kharge said and called for a review of the new Labour Code.
The Modi government has effectively dismantled MGNREGA by forcibly pushing legislation through Parliament, he alleged.
"Mr. Modi has shifted 40% of the wage burden onto the State governments. State governments are unable to bear this financial strain and will eventually be forced to stop providing work," he claimed.
The Modi government has compelled workers into a state of unemployment and pushed them towards 'gig work', Kharge said.
Currently, 69% of the workforce is working for wages below the statutory minimum wage, he said.
The Modi government has engineered a crisis of stagnant wages, Kharge alleged.
"When adjusted for inflation, the wages of the majority of India's workers have grown by less than 1% annually over the last decade (from 2014-15 to 2022-23)," he said.
The Modi government has created a massive unemployment crisis among the educated workforce, specifically, among graduates, Kharge claimed and added that jobs have been eliminated through the sale of Public Sector Undertakings (PSUs).
"The government has refused to fill approximately 30 lakh vacant government positions. Furthermore, the government's policy blunders have led to the decimation of Micro, Small, and Medium Enterprises (MSMEs)," the Congress chief said.
The Congress reiterates its five demands for India's workers including revival of MGNREGA and its expansion to urban areas, Kharge said.
He said a national minimum wage of Rs 400 per day should be established, with MNREGA included within its scope.
Kharged demanded that a 'Right to Health' law must be enacted, providing Universal Health Coverage of up to Rs 25 lakh for laborers and workers.
"'Life Insurance and Accident Insurance' coverage must be provided for all unorganized workers. Preventing the contractualization of employment must be made a core priority of the government, and the new Labour Codes must be reviewed," Kharge asserted.
