SC upholds disqualification of Karnataka MLAs, allows them to contest by-polls

News Network
November 13, 2019

New Delhi, Nov 13: The Supreme Court on Wednesday upheld the decision of the then Karnataka speaker K R Ramesh Kumar to disqualify 17 rebel Congress-JD(S) MLAs under the anti-defection law and said that they can contest the upcoming by-elections in the state.

"We are upholding the order of the Speaker," said Justice Ramana while reading out the judgment.

The top court said that resignation does not take away the power of disqualification by the speaker.

"Since we are deciding disqualification, resignation is not needed to be gone into. As such there is no doubt that disqualification has nothing to do with resignation," the court said.

The rebel legislators were disqualified by the then speaker K R Ramesh Kumar in July under the anti-defection law after they tendered their resignation.

They were also barred from contesting polls for the duration of the current assembly, which is slated to end in 2023.

The move had led to fall of the Congress-JD (S) coalition government, paving way for BJP to stake claim to form a new government in the state.

The disgruntled MLAs then moved the apex court challenging their disqualification. They sought quashing of the order passed by the speaker and prohibition imposed on them to contest elections. The matter was reserved by the court on October 25.

The elections for 15 out of 17 seats are slated to be held on December 5. They were earlier scheduled to be conducted on October 21 but were deferred by the Election Commission (EC) as the petitions of disqualified MLAs were pending in the top court.

The poll body had withheld the elections for two seats -- Maski and Rajarajeshwari -- as the petitions against these Assembly constituencies are pending in the Karnataka High Court.

After their disqualification, the strength of the 224-member Assembly had come down to 207. This had brought down the majority mark to 104. The BJP, which helms the government in the state, has 106 MLAs in the Assembly.

With the by-poll elections, the majority mark will climb to 222 and the BJP will have to win a minimum of six out of fifteen seats to keep its majority.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Ram Puniyani
February 22,2020

This January 2020, it is thirty years since the Kashmiri Pundits’ exodus from the Kashmir valley took place. They had suffered grave injustices, violence and humiliation prior to the migration away from the place of their social and cultural roots in Kashmir Valley. The phenomenon of this exodus had been due to the communalization of militancy in Kashmir in the decade of 1980s. While no ruling Government has applied itself enough to ‘solve’ this uprooting of pundits from their roots, there are communal elements who have been aggressively using ‘what about Kashmiri Pundits?’, every time liberal, human rights defenders talk about the plight of Muslim minority in India. This minority is now facing an overall erosion of their citizenship rights.

Time and over again in the aftermath of communal violence in particular, the human rights groups have been trying to put forward the demands for justice and rehabilitation of the victim minority. Instead of being listened to those particularly from Hindu nationalist combine, as a matter of routine shout back, where were you when Kashmiri Pundits were driven away from the Valley? In a way the tragedy being heaped on one minority is being justified in the name of suffering of Pundits and in the process violence is being normalized. This sounds as if two wrongs make a right, as if the suffering Muslim minority or those who are trying to talk in defense of minority rights have been responsible for the pain of Kashmiri Pundits.

During these three, many political formations have come to power, including BJP, Congress, third front and what have you. To begin with when the exodus took place Kashmir was under President’s rule and V. P. Singh Government was in power at the center. This Government had the external support of BJP at that time. Later BJP led NDA came to power for close to six years from 1998, under the leadership of Atal Bihari Vajpayee. Then from 2014 it is BJP, with Narerda Modi as PM, with BJP brute majority is in power. Other components of NDA are there to enjoy some spoils of power without any say in the policies being pursued by the Government. Modi is having absolute power with Amit Shah occasionally presenting Modi’s viewpoints.

Those blurting, ‘what about Kashmiri Pundits?’ are using it as a mere rhetoric to hide their communal color. The matters of Kashmir are very disturbing and cannot be attributed to be the making of Indian Muslims as it is being projected in an overt and subtle manner. Today, of course the steps taken by the Modi Government, that of abrogation of Article 370, abolition of clause 35 A, downgrading the status of Kashmir from a state to union territory have created a situation where the return of Kashmiri Pundits may have become more difficult, as the local atmosphere is more stifling and the leaders with democratic potential have been slapped with Public Safety Act, where they can be interned for long time without any answerability to the Courts. The internet had been suspended, communication being stifled in an atmosphere where democratic freedoms are curtailed which makes solution of any problem more difficult.

Kashmir has been a vexed issue where the suppression of the clause of autonomy, leading to alienation led to rise of militancy. This was duly supported by Pakistan. The entry of Al Qaeda elements, who having played their role against Russian army in 1980s entered into Kashmir and communalized the situation in Kashmir. The initial Kashmir militancy was on the grounds of Kashmiriyat. Kashmiriyat is not Islam, it is synthesis of teachings of Buddha, values of Vedant and preaching’s of Sufi Islam. The tormenting of Kashmiri Pundits begins with these elements entering Kashmir.

Also the pundits, who have been the integral part of Kashmir Valley, were urged upon by Goodwill mission to stay on, with local Muslims promising to counter the anti Pundit atmosphere. Jagmohan, the Governor, who later became a minister in NDA Government, instead of providing security to the Pundits thought, is fit to provide facilities for their mass migration. He could have intensified counter militancy and protected the vulnerable Pundit community. Why this was not done?

Today, ‘What about Kashmiri Pundits?’ needs to be given a serious thought away from the blame game or using it as a hammer to beat the ‘Muslims of India’ or human rights defenders? The previous NDA regime (2014) had thought of setting up enclosures of Pundits in the Valley. Is that a solution? Solution lies in giving justice to them. There is a need for judicial commission to identify the culprits and legal measures to reassure the Pundit community. Will they like to return if the high handed stifling atmosphere, with large number of military being present in the area? The cultural and religious spaces of Pundits need to be revived and Kashmiryat has to be made the base of any reconciliation process.

Surely, the Al Qaeda type elements do not represent the alienation of local Kashmiris, who need to be drawn into the process of dialogue for a peaceful Kashmir, which is the best guarantee for progress in this ex-state, now a Union territory. Communal amity, the hallmark of Kashmir cannot be brought in by changing the demographic composition by settling outsiders in the Valley. A true introspection is needed for this troubled area. Democracy is the only path for solving the emigration of Pundits and also of large numbers of Muslims, who also had to leave the valley due to the intimidating militancy and presence of armed forces in large numbers. One recalls Times of India report of 5th February 1992 which states that militants killed 1585 people from January 1990 to October 1992 out of which 982 were Muslims and 218 Hindus.

We have been taking a path where democratic norms are being stifled, and the promises of autonomy which were part of treaty of accession being ignored. Can it solve the problem of Pundits?

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 20,2020

Bengluru, Apr 20: Lockdown restrictions have been extended by a day by the Karnataka government, in an order issued by chief secretary TM Vijay Bhaskar on Sunday.

The order directed all heads of departments, district deputy commissioners and superintendent of policies to "continue to implement the measures presently in force" as per Ministry of Home Affairs guidelines dated April 14, "till the midnight of April 21, 2020."

The MHA guidelines had earlier allowed the state government to relax lockdown norms post-April 20.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
May 5,2020

Newsroom, May 5: Following the union government's nod, preparations are afoot to bring back Indian nationals stranded abroad from May 7 onwards.

According to sources, in the first phase from May 7- 14, the government would allow more than 60 “non-scheduled, commercial” flights to operate from about 12 countries to India to bring back 15,000 citizens. At least half of those flights will be from the Gulf region, including UAE, Qatar, Saudi Arabia, Bahrain, Kuwait and Oman, while the rest would bring passengers from the U.S., the U.K., Singapore, Malaysia, Philippines and Bangladesh.

The flights would be spread over 10 States identified as having the largest numbers to return, with Kerala, Tamil Nadu and Delhi (NCR) receiving the maximum number of flights.

A meeting held at the Ministry of Civil Aviation looked specifically at flights, mainly operated by Air India, while it awaits a final plan from countries where Indians need to be airlifted from. The first flights planned at present are from Abu Dhabi, Dubai, Riyadh and Doha, flying directly to Kozhikode and Kochi.

While the full estimate of Indians needing to return home could cross ten lakhs (a million), with more than two lakhs having registered to return from the UAE alone, officials said their return would be “prioritised and staggered”.

Flight plan for return of Indian nationals stranded abroad:

Comments

Anwar
 - 
Thursday, 7 May 2020

for Kyrgyzstan

 

https://indembbishkek.gov.in/pages.php?id=226

Anwar
 - 
Thursday, 7 May 2020

For malasia

 

https://hcikl.gov.in/indreg

Prathaban
 - 
Wednesday, 6 May 2020

How to apply malaysia pls give me a registration link

Anwar
 - 
Wednesday, 6 May 2020

For Singapore

https://www.hcisingapore.gov.in/indian_registration

Anwar
 - 
Wednesday, 6 May 2020

Please contact embassy or ministry

Saudi details are here:

 

https://docs.google.com/forms/d/e/1FAIpQLSc_yyVAYPD-VYH98RNOWZkDkGKVsf34qnu0oGoLdtts3RG7_Q/viewform
 

http://www.coastaldigest.com/news/indians-stuck-saudi-arabia-due-lockdown-ought-know-these-things-returning-home

Kotadiya vinit…
 - 
Wednesday, 6 May 2020

I am in singapore 

 

And now my study finished already so how to go back india

Shipra
 - 
Wednesday, 6 May 2020

Please share a link to how to Register 

Rishi kumar sonkar
 - 
Tuesday, 5 May 2020

We want to go back india we are in Kyrgyzstan

how to registe…
 - 
Tuesday, 5 May 2020

how to register ?please share link/details

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.