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
May 9,2020

Bengaluru, May 9: The bar owners in Karnataka, while welcoming the state government's decision to allow takeaway sales of liquor, said that the move is not going to benefit them much.

Venkatesh Babu, a Bengaluru-based bar owner said, "We welcome this move, our bar was closed for two months due to coronavirus crisis. We have been facing losses since then."

"The state government has told us to sell our stocks at maximum retail price (MRP). It is difficult for us to manage as the rent is high and we also have to pay salaries," he added.

The owner of Pingara Bar and Restaurant, Shivamogga said, "The government has said that is for parcel only and that too at MRP. There is no benefit to our business. We are only clearing the existing stock. They have given us time till May 17 and are not even giving us fresh stock. We are only allowed to sell what we have already."

Karnataka government in its Friday order allowed restaurants, pubs and bars to sell liquor at retail prices from May 9 till May 17, the day the third phase of lockdown is slated to end.

Earlier, the government had allowed the opening of liquor shops in order to mobilise revenue.

However, bars, pubs, restaurants were ordered to remain closed amid the COVID-19 lockdown.

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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
August 5,2020

Bengaluru, Aug 4: Deputy Chief Minister Dr.CN Ashwathnarayan instructed the Bruhat Bengaluru Mahanagara Palike (BBMP) Commissioner Manjunatha Prasad to set up a separate high-level committee to ascertain the exact cause of coronavirus-related deaths in the state.

He spoke to reporters after a meeting with Prasad on Tuesday.

"The committee, headed by senior officials will audit the reason for the increase in death cases. Has there been a death due to treatment delay? Or are there any shortcomings in the treatment process?" the deputy chief minister said.

He pointed out that based on the report, the committee should try to correct the deficiency and reduce the death rate.

"How many beds are in which hospital? How many patients are on a ventilator? How many have gone home from the hospital? Etc. All information needs to be updated online at the moment. He suggested that this information should be made available to the public online," Ashwaththanarayana said.

Stating that some hospitals are not giving details about the number of beds correctly, he instructed the commissioners to take legal action if differences in their data are found.

He said that there is a shortage of ASHA workers in the city and it needs to be hired immediately.

According to the Ministry of Health and Family Welfare, there are 74,477 active COVID-19 cases in Karnataka and the death toll in the state is at 2,594. 

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