SC refuses to pass order on listing of plea by disqualified Karnataka MLAs

In the petition, the legislators termed the then Speaker\'s decision as \'wholly illegal, arbitrary and mala fide\'.

Update: 2019-09-12 14:20 GMT

New Delhi: The Supreme Court on Wednesday refused to pass an order on the listing of pleas filed by 17 disqualified Congress-JD(S) MLAs against their disqualification under the anti-defection law from Karnataka Assembly.

"It will come in due course, what's the urgency," Justice N V Ramana asked senior advocate Rakesh Dwivedi, who was appearing for the disqualified MLAs.

Dwivedi mentioned the matter for urgent listing before the apex court saying that the matter was listed for September 16 but was later removed.

The petition sought directions to quash the order passed by former Karnataka Assembly Speaker K R Ramesh Kumar rejecting their resignation and disqualifying them from the Assembly.

In the petition, the legislators termed the then Speaker's decision as "wholly illegal, arbitrary and mala fide".

"Not only had they themselves submitted their resignations on July 6, but also appeared in person before the Speaker and submitted their resignation afresh on July 11 in accordance with the directions of the apex court passed on the same day," the plea submitted.

Karnataka Assembly speaker K R Ramesh Kumar had disqualified 17 rebel MLAs, days after the Congress-JD(S) government collapsed after losing the confidence motion in the Assembly.

The leaders were disqualified by the Speaker, stating that they have "incurred disqualification under the Tenth Schedule of the Constitution (anti-defection law) and the disqualification would last till the end of the term of the Assembly May 23, 2023."

 

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