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Allow us to contest bypolls or stay elections: Disqualified MLAs to tell SC

coastaldigest.com news network
September 22, 2019

Bengaluru, Sept 22: After the Karnataka State Election Commissioner Sanjeev Kumar declared that the 17 disqualified MLAs, who had earlier resigned from the Congress and the Janata Dal (Secular) leading to the collapse of the coalition government, will not be allowed to contest in the upcoming by-polls, the helpless MLAs have decided to seek SC permission to contest bypolls.

The Supreme Court is yet to take up petitions of disqualified MLAs against then-Karnataka Assembly Speaker's decision that rejected their resignations and debarred them from contesting elections in the current term of the Assembly.

A three-judge bench presided by Justice N V Ramana would take up as many as nine separate petitions by 17 disqualified MLAs from the Congress and the JDS.

According to the lawyers connected to the matter, the former legislators are going to seek either permission to contest the by-polls or stay the elections scheduled on October 21 in their constituencies.

As the courts normally desist from staying the elections once announced by the Election Commission, the disqualified MLAs in all likelihood are going to press for a direction to allow them to fight the bypolls, pending the top court's decision on their plea against the Speaker's orders.

The disqualified MLAs are running against time and any delay would mar their prospects to be legislators again in the current term.

State Congress president and JDS leaders who have been made respondents in the disqualified MLAs petitions in all probability would oppose the prayers since granting any such interim relief would come as a major victory for those whose dissidence led to the downfall of the coalition government.

The state government led by B S Yediyurappa would also be keenly watching the development. The bypolls would hold the key for its continuance.

On the last date of hearing, Justice Mohan M Shantanagoudar, who hails from the Karnataka, had recused from the hearing the case.

The EC had on Saturday announced the bypolls in 15 out of 17 constituencies. In two constituencies, Raja Rajeshwari Nagar and Maski, elections petitions are pending in the Karnataka High Court.

Seventeen MLAs -- 14 from the Congress and three from the JDS, had faced actions under the Tenth Schedule of the Constitution and stood disqualified by the Speaker on petitions filed their party leaders.

In their plea before the top court, they challenged the validity of the then Speaker's order that rejected their resignations and declared them as ineligible to be legislators again during the term of the 15th Karnataka Legislative Assembly. They called the orders passed by then Speaker K R Ramesh Kumar as "wholly illegal, arbitrary and mala fide".

Comments

Karnataka Son
 - 
Tuesday, 24 Sep 2019

GADDAR MLA of karnataka...they will go to any level to get the power...even sell there family also.

 

we are kannadiga,, our hero was tippu sultan...we dont want Hijda people in karnataka..kick them out

 

 

S.a.a.s.
 - 
Monday, 23 Sep 2019

It is good that they r disqualified. Theynshould not be allowed to contest elections for whole life. It is a good lesson for greedy politicians.

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News Network
February 12,2020

New Delhi, Feb 12: Buoyed by the Aam Aadmi Party's stellar performance in the Delhi Assembly elections, the Maharashtra unit of the party has decided to fight all forthcoming local elections, including the Mumbai elections.

The AAP’s Bengaluru unit will also contest the municipal corporation polls likely to take place in August or September.

AAP National Executive Member Preeti Sharma Menon said the party will try to “replicate the Delhi model of pragmatism, performance, and people centric policies”.

“We are sure that Maharashtra will shower us with the same faith and love as Delhi has done so,” she said.

The party has decided to field candidates in all the 198 wards of the Bruhat Bengaluru Mahanagara Palike (BBMP).

"We have been planning to contest the BBMP election when we received a major shot in the arm. The Delhi victory happened because of the good work, which we want to replicate here," AAP's co-convener in Karnataka and party's BBMP campaign in charge Shanthala Damle told PTI on Tuesday.

Born out of an anti-corruption movement, the AAP led by Delhi chief minister Arvind Kejriwal registered the second landslide victory by winning 63 out of 70 seats in the Delhi Assembly elections.

According to Damle, AAP in Bengaluru was working in full swing to make its presence felt in the city. "The party has already done its ground workin terms of election campaign and reaching out to the people in Bengaluru," she added.

According to her, the party has already opened around 10 offices and about 50 people have been announced as the assembly president or ward president.

Last month, the party launched a 40-minute movie called 'Hosa Bengaluru' (New Bengaluru) and conducted 50 shows already.

"It shows the Delhi model and explains what can be done in Bengaluru. So that is part of our vision," the AAP leader said.

In its next level of the campaign, AAP intends to conduct 'Jana Samvada' (Dialogue with people) in every street and in every ward.

The preparedness of the party can be gauged from the fact that it has identified many of its candidates for the BBMP elections.

The party has never tasted success in Karnataka anywhere but the Delhi's success story has kindled a new hope as many people would now be waiting to join the AAP, Damle said. The AAP cadres in Bengaluru burst into celebration soon after it became clear that the party was going to script history by forming government for the third consecutive time since its inception.

Sporting their signature caps, party workers lit crackers, danced on the Delhi election song 'Lage Raho Kejriwal'.

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News Network
July 29,2020

Bengaluru, Jul 29: The Karnataka High Court’s division bench of Chief Justice Abhay Oka and Justice H P Sandesh today rejected an application that wanted Amulya Leona’s case to be transferred from Karnataka Police to the National Investigation Agency (NIA).

The bench, while observing that extraordinary jurisdiction can’t be exercised for transferring the case to the NIA, asked “What is so special that investigation should be transferred to NIA?”

The court, in its previous hearing, had questioned the maintainability of the petition seeking transfer of the sedition case against Leona to the NIA.

According to the petitioner, advocate Pavana Chandra Shetty, the case is a serious matter against national integration and unity and has not been investigated properly by the police. The state police also failed to file the chargesheet within 90 days, he said, and also asked for cancellation of her bail.

The bench asked the petitioner as to how a bail, already granted to a person, can be cancelled. “Is it not the indefeasible right of the accused to be released on bail if chargesheet is not filed within stipulated time? How can you make a prayer for cancellation of bail?”  the Court asked.

The counsel for the petitioner also stated that in cases of a cognizable offence, when the chargesheet is purposely not filed within the stipulated time, the matter will have to transferred to the appropriate authority.

The court responded to his contention by asking him how could the court override law and cancel the bail. “Where is the question of cancellation of bail? Can we override the law and say that bail should be cancelled?” said the bench.

Advocate Vishal Raghu had filed the petition for transfer of Leona’s case, who was accused of raising pro-Pakistan slogans at an anti-CAA rally on February 20 at Freedom Park. The advocate had blamed the probe team for not filing a chargesheet on time and has asked the state government to approach the higher court against bail granted to Leona.

Bengaluru student Amulya Leona was charged with sedition for her actions in the presence of All India Majlis-e-Ittehad-ul-Muslimeen chief Asaduddin Owaisi. She was arrested by the Bengaluru police for allegedly shouting ‘Pakistan Zindabad’ slogans at an anti- CAA Protest in Bengaluru in February this year. On June 11, she was granted conditional bail by the Bengaluru civil court.

Her bail plea was earlier rejected by a Bengaluru court, after she had spent a three-month period in jail, stating that she may abscond if she is released. The sessions judge Vidhyadhar Shirahatti had also stated that if the petitioner is granted bail, she may abscond and may involve in similar offence which affects peace at large and hence her petition is liable to be rejected. The court had also noted that Amulya Leona is an influential person who may threaten and influence the witness and hamper the case in case of the prosecution and will abscond if released on bail.

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News Network
February 16,2020

Bengaluru, Feb 16: The Central Crime Branch has recovered blank firearms from Saddaguntepalya Police Station limits.

As of now, two persons have been arrested in this regard. They have been identified as Mohd Junaid and Mohd Tabrez. The officials have recovered 28 blank firearms and 76 blank bullets.

"The two accused -- without having any license -- were in possession of these huge number of weapons," Sandeep Patil, Joint CP, Crime, told media.

As per the preliminary investigation, there has been no record of such cases in Bengaluru. "But we are verifying if other states have any (such) case," added the Joint CP

According to investigations, it was noted that the weapons were purchased from Mumbai at an estimated cost of Rs 1 lakh per weapon.

Further investigation is currently underway.

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