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
March 20,2020

Bengaluru, Mar 20: Two COVID-19 positive patients in Karnataka have fully recovered and will be discharged today.

Karnataka Medical Education Minister Dr K Sudhakar said: "Two COVID-19 positive patients have completely recovered and will be discharged tomorrow. They will be kept under home quarantine for 14 days as a precautionary measure."

The number of COVID-19 positive patients in Karnataka stands at 14 as of today.

"The total number of positive cases of COVID19 in India stands at 173, including 25 foreigners. Four deaths (1 each) have occurred in Delhi, Karnataka, Punjab and Maharashtra," said the Ministry of Health and Family Welfare in a statement.

According to official data provided by the Ministry of Health, as many as 15 people infected with the virus have been discharged after receiving treatment.

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News Network
February 19,2020

Bengaluru, Feb 19: Pointing out that there was a deliberate attempt to cover up police excesses by implicating innocent persons at whim, the Karnataka High Court on Tuesday granted conditional bail to 21 people who were accused by police of involving in violence during the protests against the Citizenship Amendment Act (CAA) in Mangaluru.

Allowing the bail petitions of Ashik and 20 others from Udupi and Dakshina Kannada districts, Justice John Michael Cunha said the overzealousness of the police is also evident from the fact that FIRs were registered under Section 307 of IPC against the persons killed by the police themselves.

“In an offence involving a large number of people, the identity and participation of each accused must be fixed with reasonable certainty. In the present cases, the identity appears to have been fixed on the basis of their affiliation to PFI and they being members of the Muslim community. Though it is stated that the involvement of the petitioners is captured in CCTV footage and photographs, no such material is produced before the court showing the presence of any of the petitioners at the spot, armed with deadly weapons,” the judge noted.

In the statement of objections filed by the State Public Prosecutor-I, it was stated that there was a hint of Muslim youths holding protest on December 19, 2019, opposing the implementation of CAA. Prohibitory orders were clamped in that connection. This assertion indicated that the common object of the assembly was to oppose the implementation of CAA and National Register for Citizens (NRC) which, by itself, was not an “unlawful object”, the judge pointed out.

‘Pics show cops throwing stones at crowd’

Justice Cunha also said the material collected by the investigators did not contain any specific evidence regarding the presence of any of the petitioners at the spot. On the other hand, omnibus allegations were made against the Muslim crowd of 1,500-2,000, alleging that they were armed with weapons like stones, soda bottles and glass pieces. The photographs produced by the SPP depicted that hardly any member of the crowd were armed with weapons, except one of them holding a bottle. In none of these photographs, police station or policemen were seen in the vicinity, the judge noted.

“On the other hand, photographs produced by the petitioners show that the policemen themselves were pelting stones at the crowd. The petitioners have produced copies of the complaints lodged by the dependants of the deceased who died due to police firing and the endorsement made thereon reveals that even though the law required the police to register independent FIRs in view of the specific complaint made against the police officers making out cognizable offences, the police have failed to register FIRs. This goes to show that a deliberate attempt is underway to cover up police excesses by implicating innocent persons at the whims and caprice of the police,” the judge observed.

In the wake of counter-allegations against the police and in the backdrop of their failure to register FIRs based on complaints lodged by the families of victims, the possibility of false and mistaken implication could not be ruled out, the judge said. In these circumstances, it would be a travesty of justice to deny bail to the petitioners and sacrifice their liberties to the mercy of the district administration and police. The records indicate that a deliberate attempt has been made to trump up evidence and to deprive the liberties of the petitioners by fabricating evidence. None of the petitioners have any criminal antecedents, the court said.

“The allegations levelled against the petitioners are not punishable with death or imprisonment for life. There is no direct evidence to connect them with the alleged offence. The investigation appears to be malafide and partisan. In the circumstances, in order to protect the rights and liberties of the petitioners, it is necessary to admit them to bail,” the judge said.

The petitioners were arrested and remanded in judicial custody after the anti-CAA protests on charges of being members of an unlawful assembly, armed with lethal weapons, attempting to set fire to the North Police Station in Mangaluru, obstructing the police from discharging their duties and causing damage to public property, etc., on December 19 in violation of the prohibitory orders. They moved the High Court as their bail pleas had been rejected by a sessions court in Dakshina Kannada.

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News Network
January 7,2020

Mangaluru, Jan 7: A ten-year-old boy who suffered severe injuries after drowning in Kadri temple pond died on Monday,

Police said that the deceased has been identified as Sandesh, resident of Athani taluk.

Sandesh drowned while taking a dip in a pond at Kadri Shree Manjunatha Temple on Sunday evening. He was immediately rushed to the hospital in the city, however, he died on Monday morning after he stopped responding to the treatment.

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