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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Mamata visits Bhabanipur EVM strong room, warns against counting irregularities
Kolkata (PTI): West Bengal Chief Minister and TMC supremo Mamata Banerjee early Friday warned against any attempt to tamper with the counting process, hours after she visited an EVM strong room in Bhabanipur, alleging possible malpractice.
Banerjee, who emerged around 12:07 am after spending nearly four hours at the counting centre for her Bhabanipur constituency housed in Sakhawat Memorial School in south Kolkata, said only one person would be allowed inside the designated counting area.
"Either the candidate or one agent can stay upstairs. I have also suggested installation of a CCTV camera for the media," she told reporters.
Stressing the need for transparency, she said, "It is essential to maintain transparency. People’s votes must be protected. I rushed here after receiving complaints. The central forces initially did not allow me to enter."
Sounding a stern note ahead of the May 4 counting, she added, "If there is any plan to tamper with the counting process, it will not be tolerated."
On Thursday evening, Banerjee had reached the Bhabanipur Assembly segment counting centre, which houses the strong room for EVMs used in the April 29 polling, citing suspicion of tampering with the machines.
She entered the premises along with her election agent and remained inside for hours, even as Kolkata Mayor and TMC candidate from the Kolkata Port segment Firhad Hakim reached the spot but could not meet her.
"I reached here upon learning that the chief minister has arrived. But I couldn’t meet her since she was already inside the premises, exercising her right as a candidate to visit strong rooms. I wasn’t allowed there. I will not be able to confirm what exactly is transpiring inside," Hakim said.
The development coincided with protests by TMC candidates Kunal Ghosh and Shashi Panja outside the Khudiram Anushilan Kendra in north Kolkata, where they staged a sit-in alleging irregularities and possible tampering of EVMs stored in strong rooms, leading to face-offs between TMC and BJP supporters.
Earlier in a video message, Banerjee had urged party leaders, workers and polling agents to maintain a 24-hour vigil on EVM strong rooms, alleging that the BJP could attempt to tamper with the machines before counting begins.
Her remarks come amid heightened political tension in the state following a fiercely contested Assembly election, with parties closely monitoring arrangements and raising concerns over transparency.
