Respite for disqualified MLAs, bypolls deferred

BENGALURU/NEW DELHI: The Election Commission's U-turn in the Supreme Court vis-a-vis crucial bypolls to 15 Assembly constituencies and subsequent decision of the apex court to defer till October 22 hearing of petitions against disqualification came as a manna not only to disqualified legislators but Chief Minister B.S. Yediyurappa and senior central leaders of party as well, on Thursday.

With four days left for filing nomination papers for polls originally scheduled for October 21, all disqualified legislators were anxious about the apex court's verdict on their petitions and mounted pressure on Mr Yediyurappa to protect their interests even as the leader endured pressure from his partymen for tickets. Besides, the bypolls were announced when his government was facing flak from Opposition parties for not securing funds from the Union government for relief and rehabilitation work in flood-hit areas of the state. And for central leaders, rescheduling of bypolls would help them focus on strategies to win Assembly polls in Maharashtra and Haryana.   

The fact that deferring of bypolls would provide much relief to leaders of the state unit of BJP was mirrored by the stand of state unit chief Nalin Kumar Kateel who welcomed the Election Commission's submission to the apex court and explained that his party would focus on strengthening the organizational base in Karnataka.

The Opposition Congress demanded a legislature session in Belagavi on grounds that flood relief measures should be discussed at length, instead of a truncated three-day session in Bengaluru commencing on October 10, as the Election Commission's offer to defer bypolls.     

In a letter addressed to Mr Yediyurappa, Congress leader Siddaramaiah said it would be appropriate to hold the session in Belagavi as relief operations were not implemented in affected areas including the border district.

In Delhi, the Election Commission told the Supreme Court that it would defer the bypolls till the apex court finally decides on petitions filed by disqualified legislators.

The bench headed by Justice N.V. Ramana was told that bypolls could be rescheduled when the bench said it would be better if petitions of these legislators were decided as virtually two-thirds of the arguments were 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.

When the bench asked Mr Dwivedi whether his statement should be recorded in the court's order, the senior counsel said, "We (EC) will do it. There is no need to record this statement."  Senior counsel, Mukul Rohatgi, appearing for some of disqualified MLAs, supported Mr Dwivedi's submissions and said the bypolls should be deferred as of now since the EC has six months time to conduct by-elections. Senior advocate Kapil Sibal, representing senior Congress leaders Siddaramaiah and Dinesh Gundurao, told the bench that he has no objection if the by-elections are deferred and the matter is decided finally. The bench asked both the parties to complete the pleadings in the matter till October 15 and posted it for hearing on October 22.