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
July 27,2020

Bengaluru, Jul 27: The Karnataka government on Sunday directed the Director General of Police Praveen Sood to submit a detailed report on the internal security following the United Nations' observation that international terror outfit IS was active in the state.

The UN report stated that Al-Qaeda in the Indian subcontinent, which reportedly has between 150 and 200 members from India, Pakistan, Bangladesh and Myanmar, was reportedly planning attacks in the region.

It also warned that there were 'significant numbers' of ISIS operatives in Karnataka and Kerala. Reacting to the UN report, Home Minister Basavaraj Bommai said the state government has taken a serious note of the report on the activities of IS in the state.

The state government is in touch with the Centre and the neighbouring states to keep a close watch on the activities of suspicious people and their supporters.

"In this context, it has been decided to strengthen the internal security of the state. The Director General of Police has been asked to submit a detailed report," Bommai said in a release.

The state is also keeping a strict vigil on all those entering Bengaluru from other states, the Minister said. He recalled that the state police had arrested several members of Al-Hind organisation in January last and Jamaat- ul-Mujahideen from Bangladesh in 2018 and 2019. He added that the National Investigation Agency is investigating the case of JMB.

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News Network
April 24,2020

Bengaluru, Apr 24: Karnataka Chief Minister BS Yediyurappa on Thursday held a meeting with state officials to address the situation in the wake of COVID-19 pandemic.

Due to COVID-19, the prices of the crops have come down. It was instructed to buy those vegetables and keep them in cold storage and then sell. It was also instructed to export fruits, vegetables which cannot be kept for a long time to other states and countries.

Wherever there is a scarcity of drinking water, it was decided to supply water immediately.
Chief Minister Yediyurappa had earlier spoken to Union Minister Sadananda Gowda and took information regarding fertilisers.

As fertilisers' demand is less in the international market, the Union minister for fertilisers said that farmers will be given fertilisers at less than the actual price.

As some of the associations/guilds have violated the lease conditions by not starting the actual work which they have got the land for in Bengaluru, they have been instructed to return the land to the government where the lease conditions have been violated.

As far as the irrigation department is concerned, much water is stored in dams. It was decided to utilise the same for the cultivation of crops and for the purpose of drinking.

As far as the education department is concerned, it was instructed to give online training to students.

With the help of state television channel Doordarshan, it has been decided to teach students about the syllabus and other activities till the reopening of school.

The KSRTC has lost hundreds of crore due to the reduction in bus services due to COVID-19. So, they were instructed to use buses to transport goods to generate revenue.

The government also decided that salary for the doctors, who are working on a contract basis against COVID-19, will be increased significantly.

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coastaldigest.com news network
February 14,2020

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

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