india

Updated: Sep 26, 2019 22:40 IST

The Election Commission’s decision to defer the byelections to 15 seats in the state till the Supreme Court decides on petitions by the disqualified legislators was welcomed both the Congress and the Bharatiya Janata Party. However, the Janata Dal (Secular) expressed misgivings on the development.

Byelections to the 15 seats were set to be held on October 21. The bypolls were necessitated by the disqualifications of 17 MLAs of the Congress-Janata Dal (Secular) coalition after their resignations led to the collapse of the alliance government led by former chief minister HD Kumaraswamy in July.

Former Speaker KR Ramesh Kumar had not just disqualified the 17 rebels, but had also held in his order that they could not enter the House till the end of its term. This had been contested by the rebels, who argued that there was no such provision in law and that they were eligible to contest the bypolls to their former constituencies.

Till the developments in the SC on Thursday all three parties had been preparing for the byelections, and were busy shortlisting candidates for the constituencies. Many senior leaders in the BJP, who spoke on condition of anonymity, had confirmed to HT that if the rebels were cleared to contest by the SC they would be given tickets by the party.

Speaking to reporters in New Delhi, BC Patil, who was formerly an MLA of the Congress, said the decision was timely. “I welcome this because the Speaker’s order disqualifying us was contrary to the law,” he said. “The SC decision is just because if polls are held and we are reinstated the constituency will have two elected legislators and this would have created a Constitutional crisis,” he added.

Congress state president Dinesh Gundu Rao said the SC had upheld the seriousness of Ramesh Kumar’s order. “I welcome the decision. The disqualified former MLAs are still in the same situation. Their plea that the Speaker’s decision should be cancelled was not entertained. They continue to be disqualified. The SC has realised the seriousness of Ramesh Kumar’s order,” he told reporters here.

However, in a tweet, Gundu Rao raised concerns about the EC. “But the role of the Election Commission in this case is extremely suspect. The election has been notified and filing of nomination has also begun, why are they now saying that they will postpone the byelections. It looks like they are taking instructions from someone else.”

Meanwhile, former chief minister Kumaraswamy, who was at the JD(S) headquarters finalising candidates when the news broke, told the press that this was unprecedented. “I will not discuss the Supreme Court’s decision,” he said.

“For the first time in this country, the Election Commission’s counsel voluntarily petitioned the court saying the agency was ready to defer polls. This decision by a Constitutional body is one that will demoralise the prevailing system in the country,” Kumaraswamy said. “This is the first the ECI has done such a thing. What is the necessity for the BJP do such things. They are making puppets out of Constitutional institutions,” he added.

Calling the decision historic, chief minister BS Yediyurappa criticised the JD(S) for questioning the court. “I am surprised that the opposition party leaders are doubting the decisions of the Supreme Court. We need to wait for the verdict,” he said. “The disqualified former MLAs have received a relief, what they do in the future is left them. The verdict is historic and we must all welcome it.”