SC refuses to stay MLAs disqualification

NEW DELHI: The Supreme Court on Tuesday refused to stay the disqualification of five independent Karnataka legislators for allegedly violating the anti-defection law or permit them to vote during the March 4 Rajya Sabha election in the state.
A Bench of Justices Altamas Kabir and Cyriac Joseph, however, issued notices to the Speaker and the chief whip of the state's ruling BJP party on the plea by the five MLAs challenging a Karnataka High Court ruling which had upheld the Speaker's action.
Though at one stage, the apex court was inclined to allow the MLAs to exercise their franchise for the Rajya Sabha elections in which yesteryear actress Hema Malini is a candidate, it later turned down their plea in this regard too.
Gulihatti D Shekar, Venkataramanappa, P M Narendraswamy, D Sudhakar and Shivaraj Thangadagi -- all elected as independents -- were disqualified by the Speaker on October 10, 2010, before the B S Yeddyurappa government took a vote of confidence on the floor of the Assembly which it won by voice-vote amid pandemonium.
"Stay can't be granted. Was there a stay in the High Court?" the apex court bench said when senior counsel K K Venugopal, appearing for the MLAs, during the mentioning time sought a stay of the high court judgment.
The counsel submitted no prejudice would be caused if the disqualified MLAs were allowed to vote pending adjudication of their special leave petition in the apex court. Until then, their votes can be kept in a sealed cover, he said.
When the bench mulled "that can be done", former Attorney General Soli Sorabjee, on behalf of the Speaker, opposed any such relief on the ground that it would set a wrong precedent.
He said the disqualified MLAs cannot be allowed to vote as it would amount to setting aside the high court order.
"Look at the flip side. Supposing if they succeed, then? What is the problem if they are allowed to vote and the votes kept in a sealed cover? Their votes would not be taken into consideration," the bench said.
Sorabjee pointed out that the high court judgment was passed on February 14 and the MLAs took nearly a month to approach the court at a time when elections are to be held for the Rajya Sabha seat.
"We are not suspending the judgment. It's just a procedure to safeguard the interest of the petitioners," the bench said, to which the former Attorney General said it would render the composition of the Rajya Sabha in a limbo leading to an uncertainty.