Then Assembly speaker KR Ramesh Kumar had disqualified these 17 MLAs of ruling the Congress-JD(S) coalition ahead of a trust vote in July.
The Supreme Court on Wednesday upheld the disqualification of the 17 Karnataka MLAs on the orders of the then Assembly Speaker KR Ramesh Kumar but allowed their plea to contest the by-election to be held on December 5 for the seats that fell vacant in July.
A three-judge bench of justices NV Ramana, Sanjiv Khanna and Krishna Murari held that the Speaker was not empowered to disqualify the lawmakers for the entire tenure of the term, which lasts until 2023.
“Speaker couldn't have barred the MLAs for any term. Speaker doesn't have the powers,” the court ruled, in a judgment that will likely set the tone for how the resignation-disqualification conundrum that threatens to derail the Tenth Schedule is dealt with in the future.
The Supreme Court on Wednesday upheld the disqualification of the 17 Karnataka MLAs on the orders of the then Assembly Speaker KR Ramesh Kumar but allowed their plea to contest the by-election to be held on December 5 for the seats that fell vacant in July.
A three-judge bench of justices NV Ramana, Sanjiv Khanna and Krishna Murari held that the Speaker was not empowered to disqualify the lawmakers for the entire tenure of the term, which lasts until 2023.
“Speaker couldn't have barred the MLAs for any term. Speaker doesn't have the powers,” the court ruled, in a judgment that will likely set the tone for how the resignation-disqualification conundrum that threatens to derail the Tenth Schedule is dealt with in the future.