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The Supreme Court on Monday constituted a three Judges bench to hear the ples by the disqualified MLAs to contest bypolls, seventeen disqualified bypolls of Karnataka state, who were aforesaid to contest the bypolls on fifteen assembly seats. The Supreme Court has additionally asked the Election Commission to retort to same relating to their disqualification and is auspended until the choice is taken relating to their disqualification. A Three Judges bench headed by Justice N V Ramana said that the Court can hear the plea relating to the disqualification of seventeen MLAs and also the bypolls to be conducted on 21 october, 2019 and also the results to be declared on 24 October, 2019, and that date of hearing the plea is September 25 as is set by the Hon'ble bench. The bypolls were neccessitated because of the disqualification of the seventeen MLAs of those legislators by then speaker K R Ramesh Kumar in July, 2019. Their absence throughout the trust vote resulted to the collapse of the Congress- JD(S) Alliance led by H D Kumarswamy that helped BJP to assume power.
Appearing on the behalf of the disqualified MLAs Senior Advocate Mukul Rohtagi in line with the disqualification orders, the MLAs cannot contest elections for the remaining term within the assembly. Meanwhile on the opposite facet the counsel from the side of the Election Commission told the bench that bypolls of fifteen assembly seats have been notified and also the Speaker's orders cannot deprive the MLAs to contest their right to election. A number of the MLAs in their petition aforesaid that the choice taken by speaker is mala fide, illegal and arbitrary of his powers in Schedule ten of the Constitution of India. They hence additionally questioned the speaker to reject their resignations by holding that those weren't voluntary and real, fifteen constituencies progressing to the bypolls, twelve were portrayed by the Congress and 3 by JD(S). Whereas the then Speaker had disqualified seventeen MLAs beneath the anti-defection law, bypolls won't be control for Rajarajeshwari Nagar and Maski seats on July month 21, 2018 election-related cases square measure unfinished in court.
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