By-Election to 15 Seats in Karnataka Deferred Till SC's Decision on Disqualified MLAs

Agencies
September 26, 2019

Bengaluru, Sept 26: The Election Commission Thursday told the Supreme Court that it would defer the upcoming by-polls to 15 Assembly constituencies in Karnataka.

The statement by EC's council came after a 3-judge bench headed by Justice N V Ramana said that it would decide on the batch of petitions filed by 17 disqualified MLAs of Karnataka challenging the order of former Speaker K R Ramesh Kumar disqualifying them from the House.

After the bench, also comprising justices Sanjiv Khanna and Krishna Murari, said that it would hear the matter completely and decide it, senior advocate Rakesh Dwivedi, appearing for the poll panel, said: "Then I will ask the Election Commission to defer it (by-polls for 15 Assembly seats in Karnataka) for sometime".

When the bench asked Dwivedi as to whether his statement should be recorded in the order, the senior lawyer said, "We will do it".

The lawyers appearing for the disqualified MLAs, Congress leader Siddaramaiah and other respondents said, they have no objection if the by-polls are deferred.

The top court said it would continue with the hearing in the case on October 22.

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News Network
July 10,2020

Bengaluru, Jul 10: The Karnataka cabinet gave its approval for "The Karnataka Contingency Fund (Amendment) Bill, 2020" to enhance the contingency fund limit to Rs 500 crore in the wake of the COVID-19 pandemic.

This will be an ordinance making one time enhancement in the limit as the government needs money to make payments immediately, Law and Parliamentary Affairs Minister JC Madhuswamy told reporters after a cabinet meeting.

Under the contingency fund, the government had room to spend up to Rs 80 crore without budget provision.

"...but this time due to COVID-19 as we had to give money to some sections that were in distress like barbers, flower and vegetable growers, taxi drivers, among others, we have decided to increase the limit to Rs 500 crore," Mr Madhuswamy said.

"As assembly was not in session and as we had to make payments to those in distress immediately, this decision has been taken," he added.

The cabinet today ratified the administrative approval given to carry out civil and electrical works to install medical gas pipeline with high flow oxygen system at district hospitals, taluk and community health centres coming under Health and Family welfare department in view of COVID-19.

The minister said about Rs 207 crore is being approved for this purpose.

It also ratified procurement of medical equipment and furniture for public healthcare institutions of the health and family welfare department worth Rs 81.99 crore.

According to the minister, the cabinet has decided to bring in an amendment to section 9 of the Lokayukta act, which mandates that the preliminary inquiry contemplated by Lokayukta or Upalokayuta should be completed in 90 days and charge sheeting should be completed within six months.

Noting that at the Agricultural Produce Market Committee (APMC) cess was being collected, he said as the government had brought in an amendment to the APMC act, there was demand to reduce the market cess. "So we have reduced it from 1.5 per cent to one per cent."

Approval has also been given by the cabinet to bring Karnataka Vidyuth Kharkane (KAVIKA) and Mysore Electrical Industries (MEI), which are presently under the control of Commerce and Industries department, under administrative control of the energy department.

Other decisions taken by the cabibinet include deployment and implementation of "e-procurement 2.0" project on PPP at a cost of Rs 184.37 crore and ratification of the action taken to issue orders on March 24 to release interest free loan of Rs 2,500 crore to ESCOMs for payment of outstanding power purchase dues to generating companies.

The cabinet also gave administrative approval for setting up of an Indian Institute of Information technology at Raichur.

"Under this, we are committed to provide Rs 44.8 crore in four years for infrastructure," the minister added.

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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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Agencies
March 10,2020

Bhopal, Mar 10: Senior Congress leader Digvijay Singh on Tuesday parried questions on the exact number of MLAs supporting the party in Madhya Pradesh amid a political crisis triggered by the resignation of Jyotiraditya Scindia and 14 MLAs loyal to him.

Repeating his allegation that the BJP was trying to destabilise the Congress-led government, Singh told reporters that the BJP had arranged three chartered planes for Bengaluru on Monday to fly out some MLAs loyal to Scindia.

"We want to know why Bengaluru is used every time to destabilise governments?" he questioned.

When asked about the number of MLAs supporting the Congress in the current political scenario, Singh only said, "Just wait".

He said an atmosphere of uneasiness has been prevailing in the BJP since the Kamal Nath government started cracking a whip on various mafias.

"We (the state government) are exposing Vyapam scam, e-tendering scam, Madhyam scam. In the honey-trap case, BJP men were found to be involved. This will be exposed," he said.

The political crisis in Madhya Pradesh precipitated with the resignation of Jyotiraditya Scindia over his apparent marginalisation in the state politics. Following Scindia's suit, 14 legislators loyal to him have sent their resignation letters via e-mail to Madhya Pradesh Raj Bhavan.

Scindia was subsequently expelled from the Congress by party president Sonia Gandhi.

Speculation that the Guna royal might join the BJP gained ground after he met Prime Minister Narendra Modi in Delhi this morning.

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