{"id":89881,"date":"2019-11-14T17:41:27","date_gmt":"2019-11-14T12:11:27","guid":{"rendered":"http:\/\/factly.forumias.com\/?p=11592"},"modified":"2019-11-14T17:41:27","modified_gmt":"2019-11-14T12:11:27","slug":"karnataka-supreme-court-upholds-disqualification-of-17-rebel-mlas-can-contest-bypolls","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/karnataka-supreme-court-upholds-disqualification-of-17-rebel-mlas-can-contest-bypolls\/","title":{"rendered":"Karnataka: Supreme Court upholds disqualification of 17 rebel MLAs, can contest bypolls"},"content":{"rendered":"\n<p><strong>News:<\/strong>The Supreme Court(SC) has upheld an order by former Karnataka Assembly Speaker disqualifying 17 Karnataka MLAs.However,the court has allowed all the disqualified MLAs to contest in the upcoming bypolls.<br><\/p>\n\n\n\n<p><strong>Facts:<\/strong><br><\/p>\n\n\n\n<p><strong>Background:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Karnataka Assembly Speaker had disqualified 17 MLAs under the tenth schedule of the Constitution(anti defection law).<\/li><li>The disqualification had barred the legislators from contesting Assembly polls for the term of the current Assembly which ends in 2023.<\/li><li>However,the Supreme Court upheld the disqualification of the dissident legislators but it also held that their ouster does not put any bar upon them from contesting by-polls.<\/li><li>The court said that the speaker acts as a quasi-judicial authority and that the scope of the assembly speaker&#8217;s inquiry is limited to examine whether the resignation of MLAs was voluntary or not.<\/li><li>It said that even the 91st Amendment Act,2003 which did not allow a disqualified member to be appointed as a minister,did not give Speaker the power to put a ban upon them to contest elections till the end of the term.<\/li><\/ul>\n\n\n\n<p><strong>Additional information:<\/strong><br><\/p>\n\n\n\n<p><strong>About Anti-Defection law:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>The Anti-defection law is contained in the 10th Schedule of the Constitution.It was enacted by Parliament in 1985.<\/li><li>The purpose of the anti-defection law is to curb political defection by the legislators.The law applies to both Parliament and state assemblies.<\/li><li>It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.<\/li><li>However,the law does not specify a timeframe for Speakers to decide on defection proceedings.<\/li><\/ul>\n\n\n\n<p><strong>Grounds for Disqualification:<\/strong>The grounds on which a member of a legislature can be disqualified are:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>if he\/she voluntarily gives up the membership of his\/her party&nbsp;<\/li><li>if a legislator votes in the House against the direction of his\/her party and his\/her actions are not condoned by his party.<\/li><li>If an independent candidate joins a political party after the election.&nbsp;<\/li><li>If a nominated member joins a party six months after he becomes a member of the legislature.<\/li><\/ul>\n\n\n\n<p><strong>Exception:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>There is an exception that has been provided in the law to protect the legislators from disqualification.<\/li><li>The 10th Schedule says that if there is a merger between two political parties and two-thirds of the members of a legislature party agree to the merger, they will not be disqualified.<\/li><\/ul>\n\n\n\n<p><strong>Judicial Review:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>In Kihoto Hollohan vs Zachillhu and Others (1991),the Supreme Court Constitution Bench had declared that the Speaker\u2019s decision was subject to judicial review.<\/li><li>The Speaker of the House also does not have the power to review his own decisions to disqualify a candidate.Such power is not provided for under the Schedule and is not implicit in the provisions either.<\/li><\/ul>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>News:The Supreme Court(SC) has upheld an order by former Karnataka Assembly Speaker disqualifying 17 Karnataka MLAs.However,the court has allowed all the disqualified MLAs to contest in the upcoming bypolls. Facts: Background: Karnataka Assembly Speaker had disqualified 17 MLAs under the tenth schedule of the Constitution(anti defection law). The disqualification had barred the legislators from contesting&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/karnataka-supreme-court-upholds-disqualification-of-17-rebel-mlas-can-contest-bypolls\/\">Continue reading <span class=\"screen-reader-text\">Karnataka: Supreme Court upholds disqualification of 17 rebel MLAs, can contest bypolls<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1234],"tags":[7135,2027],"class_list":["post-89881","post","type-post","status-publish","format-standard","hentry","category-polity-current-affairs","tag-anti-defection-law","tag-karnataka","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704929124},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/89881","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=89881"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/89881\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=89881"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=89881"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=89881"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}