'Disqualified MLAs can't be deprived from contesting'

The Supreme Court on Monday issued notice to the Congress and the JD(S) and the Karnataka Assembly Speaker on plea by disqualified MLAs against validity of the order stripping them of their membership and debarring them from contesting again in current term.

A bench of Justices N V Ramana, Sanjiv Khanna and Krishna Murari put the matter for consideration on Wednesday.

Senior advocate Mukul Rohatgi, appearing for the disqualified MLAs, urged the court to either suspend the bypolls in their constituencies scheduled on October 21 or allow them to contest the elections. He read out the apex court's earlier orders relating to the direction to the then Speaker to first accept their resignations, then status quo and and then finally that they ought not be compelled to participate in the Assembly proceedings.

Rohatgi said the Speaker disqualified the MLAs after giving them just three days notice, though a minimum seven days has to be given as per the rules framed under the Tenth Schedule. "The Speaker said your resignation is voluntary but is motivated by desire to cross over. Not only did he disqualify but also debarred them till 2023," he said.

As an interim relief, he said, "Either elections to 15 seats should be stayed. Or without prejudice, the disqualified MLAs should be allowed to contest."

The Election Commission, represented by senior advocate Rakesh Dwivedi, said the polls should not be stayed. "The EC has much to stay on disqualification. Elections should not be stayed. The Speaker can't deprive them of contesting," he said.

Senior advocate Kapil Sibal, appearing for the Congress party sought time to file response. He, however, termed the EC's stand as "surprising".