Karnataka by-polls: Will the EC’s submission on rebels have a bearing on SC order
New Delhi, Sep 25: The Election Commission provided some clarity regarding the disqualified MLAs before the Supreme Court. The EC said that the rebels could contest the elections pending the order of the Supreme Court.
17 rebels, 14 from the Congress and 3 from the JD(S) have challenged the order of the former speaker, Ramesh Kumar who had disqualified them. In the wake of these submissions, the BJP has already started finalising the names of the candidates and in all likelihood field the rebels for the upcoming by-elections. The last date to file the nominations is September 30.
While the BJP is keen on fielding the rebels, everything would depend on the Supreme Court, which hears the matter later today. The court may not be pronounce a final order today as it would have to go into the role of the Speaker in passing such an order.
The first option is to stay the elections until the petition is finally disposed off. However courts normally do not interfere with the election process once the Election Commission has issued the notification.
The second option is to stay the order of the Speaker and allow the MLAs to contest the elections. However the result of the election would be subject to the final outcome of the petition, the court can say.
The other option is to not pass any order and hear the matter in full. However this could drag on as a result of which the Speaker's order would be in force and the MLAs cannot contest the elections.
The other question is will the submission made by the Election Commission of India have a bearing on the order or interim order of the Supreme Court. The court can take into consideration what the EC has said and allow the rebels to contest the polls. The court could also reject this submission and take a decision on its own.
A lot is stake for the rebel MLAs and everything for them would depend on the Supreme Court. The Speaker in his order had said that the rebels stand disqualified. He also said that they would not be allowed to contest the elections under the present term of the assembly. If the order of the Speaker is upheld the disqualification of the rebels would be in force and they will not be allowed to contest elections in this term of the assembly. They are also barred from holding any ministerial posts and also cannot be elected to the Legislative Council.