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Karnataka rebels disqualified: What the 10th Schedule bars them from doing

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Bengaluru, July 26: The Speaker of the Karnataka Legislative Assembly Ramesh Kumar disqualified three rebel MLAs on Thursday.

He said that the resignations of the MLAs were not voluntary and genuine.

File photo of Ramesh Kumar

The Speaker announced that he was disqualifying Congress MLAs, Ramesh Jarkiholi, and Mahesh Kumathahalli. The Speaker also disqualified independent R Shankar, who had recently joined the Congress before his induction as a minister in the H D Kumaraswamy led government.

The disqualification would mean that under the 10th Schedule of the Constitution, they will not be able to contest the elections until May 23 2023, when the tenure of the present assembly ends.

Disqualified MLAs set to move Supreme Court today

This would mean that the MLAs cannot contest an election under the current assembly. In the event of a by-election, they will not be allowed to contest it. However if the current assembly is dissolved and a fresh poll is announced, the MLAs are free to contest the same.

The law also states that a disqualified MLA cannot be become a minister in the current assembly. This would also mean that he cannot be elected to the Member of the Legislative Council as well.

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