Speaker’s order disqualifying 17 MLAs can't deprive them of right to contest polls: EC to SC
New Delhi, Sep 23: The Election Commission told the Supreme Court Monday that former Karnataka Speaker's order disqualifying 17 MLAs from the Assembly cannot deprive them of their right to contest the upcoming by-polls for 15 constituencies in the state.
The EC sought from the apex court, which agreed to examine the pleas of the MLAs seeking stay on disqualification and for contesting the by-elections, that the by-polls should not be stayed.
A bench of Justices N V Ramana, Sanjiv Khanna and Krishna Murari said it would hear the pleas on September 25.
"I have no say on the issue of disqualification. The gist of the matter is that the Speaker has disqualified them and vacancy is there. The election should not be stayed," EC's counsel told the bench.
"The Speaker's order cannot deprive them of the right to contest the elections," the EC said.
The top court issued notices to the speaker of Karnataka Assembly, Karnataka Congress and JD (S) leaders and the state government on the petitions.
Senior advocate Mukul Rohatgi, appearing for the disqualified MLAs, told the bench that either the by-polls, for which nominations can be filed till September 30, should be stayed or these politicians should be allow to contest the by-elections.
Senior advocate Kapil Sibal, appearing for the other party, questioned the EC stand saying it was surprising.
"Why the Election Commission has come and said so, we are surprised," Sibal said.
Rohatgi said that order of the then Speaker K R Ramesh Kumar disqualifying these 17 MLAs should be stayed as he had said that the resignations tendered by them might be voluntary, but "motivated".
He said Kumar had given only three days to these MLAs to respond to the disqualification notices which was completely illegal as according to the Karnataka Assembly rules a minimum of 7-day notice period has to be given for disqualification.
"If someone does not wish to be an MLA, nobody can force him unless there is a gun on his head," Rohatgi said, adding that they have been disqualified for the remaining tenure of the current Assembly which would end in 2023.
"We should be entitled to contest the election (by-polls)," he said, adding that the then Speaker had said in his order that these disqualified MLAs cannot even contest the by-polls during the tenure of this Assembly till 2023.
"The seven day period to file reply to the notice cannot be curtailed and the Speaker had given us only three days to respond. This is completely illegal what the Speaker has done in this case," he said.
While countering Rohatgi's submissions, Sibal said that facts referred to him are contrary to the records.
"I have to respond on this," Sibal told the bench, adding that no interim orders should be passed at this stage.
To this, the bench said, "We are willing to hear this".
The bench, while posting the matter for hearing on September 25, asked Rohatgi and Sibal to confine their arguments on the point of interim relief sought by these disqualified MLAs.
The then Speaker had disqualified these MLAs which eventually led to the fall of the Congress-JD(S) coalition government headed by the then chief minister H D Kumaraswamy.
Kumaraswamy resigned as the chief minister after losing a trust vote, which paved the way for the BJP-led government in the southern state under Chief Minister B S Yediyurappa.
The disqualified lawmakers have approached the apex court, challenging Kumar's decision to disqualify them.
Some of them have contended in their pleas that the decision taken by Kumar before resigning as the Speaker was an entirely illegal, arbitrary and mala fide exercise of his power under the 10th Schedule of the Constitution.
They have also questioned Kumar's decision to reject their resignations by holding that those were not voluntary and genuine.
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UP: Fake IAS officer marries woman, flees with Rs 15 lakh dowry
Gorakhpur (UP) (PTI): A newly married man fled with the Rs 15 lakh given to him as dowry by the bride's family, and it came to light later that he was an alleged serial scammer, police said on Sunday.
The accused, identified as Pritam Kumar Nishad from Etawah, allegedly posed as an IAS officer to deceive the woman into marrying him. He is currently absconding with his sister, and a case has been filed against him for cheating, dowry harassment, and forgery, officials said.
According to the police, the woman's family claimed that they spent nearly Rs 30 lakh for the wedding that was solemnised on March 11.
The match was arranged through a matrimonial group, where the accused introduced himself as an IAS officer, sharing purported interview clips, office visuals, and photographs with politicians to gain the family's trust.
Despite initially claiming he would marry without dowry, the accused allegedly demanded Rs 15 lakh shortly before the engagement. The bride's family paid Rs 10 lakh in cash during the engagement and the remaining Rs 5 lakh on the wedding day, the police said.
The fraud came to light on Saturday after the woman reached Etawah, and a wedding attendee informed the family that the accused was not a civil servant. When her relatives visited the address provided by him, they found her in a small rented room, while the accused and his sister had fled, the police added.
The woman has also alleged that the accused planned to take her to Goa and sell her, and accused him of inappropriate behaviour.
The police suspect that the accused may have been involved in multiple such marriages in the past. Based on a complaint lodged at the cantonment police station, an FIR was registered on Saturday evening.
Senior Superintendent of Police Dr Kaustubh said efforts are underway to arrest the accused.
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