SC Upholds Disqualification Of 17 Karnataka MLAs; But Holds That Speaker Cannot Disqualify For Full Term

The Supreme Court on Tuesday upheld the decision of former Karnataka Speaker's decision to disqualify 17 rebel MLAs on the ground of defection.

However, in partial relief to the MLAs, the apex court held that the duration of disqualification cannot be till the end of the term of the house. This means that they can re-contest in the upcoming by polls scheduled to take place in December.

The Court held that the Speaker does not have the power to prescribe the period of disqualification. The Speaker had disqualified the MLAs till the end of the term of the house that it is till 2023.

On the point that the MLAs had the right to the resign, the SC observed :

"Since we are deciding disqualification, resignation not needed to be gone into. As such there is no doubt that disqualification has nothing to do with resignation. Resignation does not take away power of disqualification of speaker".

Speaker can only examine if resignation is voluntary or not. Otherwise he is bound to accept it. That is only satisfaction. It is clear that speaker in exercise of powers under constitution has this power, observed the Court.

Importantly, the Court added that resignation will not efface the effects of disqualification. Disqualification relates back to the time on which it takes place. Resignation does not make it redundant. This finding of the Court was based on Articles 71(1) b and 164(1)b which are meant to discourage horse trading.