Another factor to decide future of disqualified MLAs

Even as disqualified legislators have moved the Supreme Court challenging their disqualifications by former Speaker Ramesh Kumar, their fate now partially depends on whether the Election Commission of India (ECI) decides to hold bypolls to 17 Assembly constituencies.

They can hope to continue as members of the House or even become ministers only if they get relief from the court, before the last day for filing nomination papers.

According to Ramesh Kumar, the disqualified legislators may contest bypolls if they get relief from the court.

"The relief means revival of membership of the Assembly. It should come before the last day of submission of nominations," he clarified.

But they will be able to contest the bypolls only if the resignations are accepted. As of now, resignations of 15 disqualified legislators stand rejected.

Two legislators - Shrimanth Patil and R Shankar - have not resigned, but have been expelled on grounds of violating the whip and for anti-party activities, respectively.

If the 15 legislators decide to withdraw their resignations after the relief, they will have to move the Supreme Court seeking cancellations of the bypolls. The court may advise the ECI to put the schedule on hold.

"The relief becomes invalid if it comes after the last day of submission of nominations. Then, despite having the relief, they can't contest bypolls," Kumar clarified.

As 17 legislators have already been expelled from the Congress and JD(S), they will cease to be legislators of the two parties, if the Speaker's order is set aside.

"They will continue as members of the Assembly being treated as unattached members," Kumar said.

The unattached members are free to join any party they wish to. They can also continue as unattached members. They will then have no right to request the Speaker for separate seating arrangements.

"The unattached members would have won from specific parties and under specific symbols. Such legislators can't have separate seating arrangements under the law," Kumar clarified.

Those who have resigned and have been disqualified are Pratapagouda Patil, B C Patil, Shivaram Hebbar, S T Somashekar, Byrathi Basavaraj, Anand Singh, Roshan Baig, Munirathna, K Sudhakar, M T B Nagaraj, Ramesh Jarkiholi, Mahesh Kumatalli, R Shankar and Shrimant Patil, all Congress; A H Vishwanath, K Gopalaiah and Narayana Gowda, all JD(S).