A petitioner had moved High Court against EC decision to defer by-elections to 15 constituencies

The Supreme Court on Wednesday stayed the proceedings in the Karnataka High Court on a petition challenging a decision taken by the Election Commission to defer the bypolls to 15 Assembly constituencies.

A three-judge Bench of the Supreme Court led by Justice N.V. Ramana decided to put on hold the High Court hearing for now, even as it began a judicial review of the disqualification of the MLAs who represented the 15 constituencies under the anti-defection law by the then Assembly Speaker K.R. Ramesh Kumar.

Senior advocate Mukul Rohatgi, for some of the disqualified MLAs, argued that his clients had an indefeasible right to resign. He contended that the disqualification of the MLAs was not backed by any material nor was the procedure followed. He said even if the disqualification was valid, it was only valid till the next election.

He submitted that the Speaker need not be concerned about an MLA’s motive to tender resignation. He only had to satisfy himself the resignation was voluntary and genuine, Mr. Rohatgi said.

The hearing initially saw Justice Ramana urging lawyers to finish arguments by early Thursday [October 24] as the judges would have to hear in detail petitions challenging preventive detention orders in connection with the restrictions imposed in J&K, which was also scheduled for Thursday. The Bench expressed its intent to reserve the Karnataka case for judgment on October 24.