The Election Commission (EC) told the Supreme Court on Thursday that it will postpone by-elections on 15 MLA seats in Karnataka till the case is pending in the apex court.
The EC told this in the hearing of pleas challenging the disqualification of MLAs.
The bench comprising Justices NV Ramana, Sanjiv Khanna and Krishna Murari adjourned the hearing to October 22 and said that the pleadings should be completed by Oct 15.
At today’s hearing, Senior Adv Kapil Sibal appearing for the Congress said there is no requirement for notice when such a conduct is done by the people’s leader, the act of being in Maharashtra after leaving their posts and were in full hospitality of Maharashtra Government. This shows anti-party activity by absconding meeting on July 9. The act of the MPs is not merely against the INC but is also against the Constitution of India as there motive was to destabilize the government.”
Sibal further added: “When a meeting is called for supporting or opposing a motion moved by the government it is a principle that the MLAs have to attend the meeting to cast their vote on the motion, if the meeting is on any other issue then the absence can be taken into consideration. The speaker cannot keep the reasons of disqualification in his mind and then state it in the order proviso to 190. Allowing the MLAs to contest elections now would render the dismissal infructuous.”
Counsel appearing for EC said election have been announced and however if the bench so decides to stay the election it can be stayed but if the disqualification is bad in law then the resignation should not be hindered and if the resignation is bad then the MLAs should be held guilty however the election should not be affected.
—India Legal Bureau