Dharwad seat vacant as Karnataka Assembly secretariat notifies Congress MLA Vinay Kulkarni’s disqualification

Bengaluru: The Karnataka Legislative Assembly secretariat on Saturday notified the disqualification of Congress MLA Vinay Kulkarni following his conviction in the case related to the murder of BJP leader Yogeshgouda Goudar, declaring the Dharwad Assembly seat vacant with effect from April 15, 2026.

A notification issued by Assembly Secretary M K Vishalakshi stated that Kulkarni stands disqualified from the membership of the Karnataka Legislative Assembly from April 15, the date of his conviction by a Bengaluru court, and under Article 191(1)(e) of the Constitution, read with Section 8 of the Representation of the People Act, 1951.

The court had awarded life imprisonment to Kulkarni and 16 other accused in the case. 

Under the law, any legislator convicted for an offence carrying a sentence of two years or more stands disqualified from the date of conviction. The disqualification continues for six years after the convict's release from prison unless the conviction is stayed by a competent court.

Kulkarni, who served as minister of state for mines and geology in the previous Siddaramaiah government, was arrested by the CBI on November 5, 2020, on the charge of conspiring to murder Gowda, who was hacked to death in his gym on June 15, 2016.  

In its ruling, the special court for elected representatives held that the killing was a premeditated conspiracy arising out of political rivalry and local disputes, and that it was carried out through hired assailants. 

Earlier, Speaker U T Khader clarified that disqualification upon conviction is "automatic" and the Speaker has no adjudicatory role beyond issuing a formal intimation.

Unless Kulkarni secures a stay on his conviction from an appellate court, the Election Commission will have to initiate the process for a by-election as a casual vacancy in a state Assembly is usually to be filled within six months.