New Delhi: The 17 disqualified MLAs in Karnataka are open to contest the by-polls slated on December 5, as the Supreme Court on Wednesday upheld their disqualification, but struck down Speaker’s decision to disqualify them till the end of term of the Legislative Assembly.
A bench headed by Justice N.V. Ramana ruled that the Assembly Speaker is not empowered to disqualify MLAs till end of the term of the House.
The Supreme Court has refrained from commenting on the validity of the resignation though. The apex court emphasised on the constitutional morality saying that the Speaker can only examine the resignation is voluntarily or otherwise.
The Supreme Court opined that there is no doubt that disqualification takes place when there is defection.
The defection had happened before the resignation, therefore, the tenet of disqualification does not vanish as the Supreme Court upheld the Speaker’s decision to disqualify the MLAs.