SC order no shield against disqualification: Congress experts

New Delhi: The Supreme Court order granting freedom to Karnataka MLAs from attending the assembly during the trust vote does not shield them from the purview of the disqualification law, according to Congress-JDS strategists who have assessed the verdict.

The key point in Congress-JDS battle with BJP is the rule that a disqualified MLA cannot become a minister immediately in an alternate government and has to wait until re-election. In this background, what remains to be seen is whether the coalition can get some rebel MLAs to return by intensifying the disqualification threat, or whether BJP would prevail over them, or even swell the rebel ranks, by making them overcome the fear of disqualification.



According to Karnataka’s ruling camp, the SC verdict has emphatically acknowledged the Speaker’s right to decide on pending resignations/disqualification petitions as per his timeline, making a distinction between the past and the future aspects of the larger case.

While they assess that the SC restriction on the whip was binding only on ‘future action’, the pending resignations/disqualifications cases with the Speaker was a ‘matter of the past’ based on the past acts of the rebel MLAs, including meeting the governor with resignations, travelling in special flights in the company of BJP functionaries and allegedly accepting BJP’s hospitality in Mumbai.

“All such past deeds come under various provisions of the anti-defection Act, which cover the conduct of legislators even outside the House.

Indulging in anti-party activities and publicly collaborating with rivals of the parent party amounts to a legislator voluntary giving up the membership of his/her parent party, risking disqualification,” said a leader. This means even as Congress-JDS and BJP continue with their mind-games with rebel MLAs, the Speaker can decide on the pending resignations/disqualification cases.

“As a political party, we have emerged victorious in the case… The SC order has made it clear that the Speaker has the powers and rights to decide on the pending resignations/disqualification petitions.

The last para of the judgement saying these MLAs should not be compelled has nothing to do with this case... The disqualification/resignation petitions before the Speaker now is a matter in the past, pending since February and 10th July. Whereas a whip is a matter of future,” said Congress legal expert Abhishek Singhvi.

Political observers say that the SC order will only add new dimensions to the political and legal battles of Karnataka.