Three rebel Congress MLAs in Karnataka were on Thursday disqualified by <a href="https://www.wionews.com/india-news/still-going-through-resignations-karnataka-speaker-on-rebel-mlas-238406">Assembly Speaker K R Ramesh Kumar</a> in a significant development as the BJP deliberates at the highest level on staking claim to form the government in the state.

Announcing the decisions on the disqualification, he said the decision on 14 other rebel legislators would be taken in a couple of days after going through their resignations and the complaints for disqualification against them in detail.

Those disqualified were R Shankar, Ramesh Jharkiholi and Mahesh Kumathalli.

They have incurred disqualification as member of the 15th State Legislative Assembly under Para 2(1) (a) of the tenth Schedule of the Constitution and under 191(a) of the Constitution of India. They cease to be members of the Assembly till the expiry of the term that is May 23, 2023, the order by the Speaker said.

Addressing a press conference, Kumar said the three MLAs--R Shankar (Ranibennur), Ramesh Jharkiholi (Gokak) and Mahesh Kumathalli (Athani)--have incurred disqualification under the Tenth Schedule of the Constitution (anti-defection law) and the disqualification would last till the end of the term of the Assembly May 23, 2023.

They cannot contest the by-election too, he added.

Kumar said the cases of the three MLAs were taken up first because there were petitions for their disqualification already pending much before the recent political developments that led to the trial of strength the government had lost.

"I had considered both the issues of their resignations and disqualification. I rejected their resignations because they were not in order and took up their disqualification and passed my order as I have enough evidence before me," he said.

The Speaker said the MLAs were free to approach the Supreme Court or the High Court for their legal remedies.

Speaking about Jarkiholi and Kumtahalli, he said, "a complaint of anti-party activities was given in February against them and they resigned in July. Their resignations were not in the prescribed format. I asked for it to be resubmitted.

"They approached the Supreme Court and claimed that the speaker was not available. They falsely submitted sworn affidavit to SC. The MLAs were instructed to appear to me by the apex court. When they met me, I asked them about when they sought my time upon which, they admitted that they did not."

Elaborating his decision taken regarding MLA R Shankar, the Speaker said, "Shankar had in June this year merged his KPJP party with Congress. On June 20, I had notified that he be considered as Congress MLA. On July 8 he gave his resignation after which he wrote to me and the governor that he will support BJP unequivocally. CLP leader Siddaramaiah had filed a complaint against him and he is being disqualified. R Shankar is disqualified up to May 2023, till the end of 15th State Legislative Assembly."

Replying to a spate of questions, he said the case of the other rebel MLAs fell into a different category and he would go through them in detail and give a decision in a couple of days. "I know the decisions will be challenged and so I will be correct in my decisions."

He said he was neither guided by any party interests nor was he partisan. Since the Supreme Court respected his authority and wanted his decisions to be put up before it, he was making the decisions after a lot of deliberations.

Justifying his action, the speaker also said that he was setting a precedent to uphold the basic tenants of democracy. He pointed to a number of inconsistencies in the statements made by the MLAs to him and to the Supreme Court in sworn affidavits.

"Once the voter casts his votes, MLAs can't change their minds as per their whims and fancies, shouldn't the voter have a say? I am setting precedence here. They seize to be a member till 2023 and cannot contest further elections", Kumar said.

He also stated that the rebel MLAs were reported to be staying at a resort in Lonavala, near Pune.

The Congress-JD(S) coalition government fell on Tuesday as it lost the trust vote in the Assembly. Following the defeat, Kumaraswamy submitted his resignation to Governor Vajubhai Vala at Raj Bhavan, along with his cabinet ministers.

The defeat marked the end of an uneasy coalition that was formed after the assembly polls on May 23, 2018, which returned a hung verdict after three main parties in the state- Congress, BJP and the JD (S) contested against each other in the polls.

Replying to a question, he said he was constitutionally bound to cooperate with the new government that may be formed in the state. 
He also said the new government would have to get the Finance Bill passed.

Three rebel Congress MLAs in Karnataka were on Thursday disqualified by Assembly Speaker K R Ramesh Kumar in a significant development as the BJP deliberates at the highest level on staking claim to form the government in the state.

Three rebel Congress MLAs in Karnataka were on Thursday disqualified by Assembly Speaker K R Ramesh Kumar in a significant development as the BJP deliberates at the highest level on staking claim to form the government in the state. Announcing the decisions on the disqualification, he said the decision on 14 other rebel legislators would be taken in a couple of days after going through their resignations and the complaints for disqualification against them in detail. Those disqualified were R Shankar, Ramesh Jharkiholi and Mahesh Kumathalli. They have incurred disqualification as member of the 15th State Legislative Assembly under Para 2(1) (a) of the tenth Schedule of the Constitution and under 191(a) of the Constitution of India. They cease to be members of the Assembly till the expiry of the term that is May 23, 2023, the order by the Speaker said. Addressing a press conference, Kumar said the three MLAs--R Shankar (Ranibennur), Ramesh Jharkiholi (Gokak) and Mahesh Kumathalli (Athani)--have incurred disqualification under the Tenth Schedule of the Constitution (anti-defection law) and the disqualification would last till the end of the term of the Assembly May 23, 2023. They cannot contest the by-election too, he added. Kumar said the cases of the three MLAs were taken up first because there were petitions for their disqualification already pending much before the recent political developments that led to the trial of strength the government had lost. "I had considered both the issues of their resignations and disqualification. I rejected their resignations because they were not in order and took up their disqualification and passed my order as I have enough evidence before me," he said. The Speaker said the MLAs were free to approach the Supreme Court or the High Court for their legal remedies. Speaking about Jarkiholi and Kumtahalli, he said, "a complaint of anti-party activities was given in February against them and they resigned in July. Their resignations were not in the prescribed format. I asked for it to be resubmitted. "They approached the Supreme Court and claimed that the speaker was not available. They falsely submitted sworn affidavit to SC. The MLAs were instructed to appear to me by the apex court. When they met me, I asked them about when they sought my time upon which, they admitted that they did not." Elaborating his decision taken regarding MLA R Shankar, the Speaker said, "Shankar had in June this year merged his KPJP party with Congress. On June 20, I had notified that he be considered as Congress MLA. On July 8 he gave his resignation after which he wrote to me and the governor that he will support BJP unequivocally. CLP leader Siddaramaiah had filed a complaint against him and he is being disqualified. R Shankar is disqualified up to May 2023, till the end of 15th State Legislative Assembly." Replying to a spate of questions, he said the case of the other rebel MLAs fell into a different category and he would go through them in detail and give a decision in a couple of days. "I know the decisions will be challenged and so I will be correct in my decisions." He said he was neither guided by any party interests nor was he partisan. Since the Supreme Court respected his authority and wanted his decisions to be put up before it, he was making the decisions after a lot of deliberations. Justifying his action, the speaker also said that he was setting a precedent to uphold the basic tenants of democracy. He pointed to a number of inconsistencies in the statements made by the MLAs to him and to the Supreme Court in sworn affidavits. "Once the voter casts his votes, MLAs can't change their minds as per their whims and fancies, shouldn't the voter have a say? I am setting precedence here. They seize to be a member till 2023 and cannot contest further elections", Kumar said. He also stated that the rebel MLAs were reported to be staying at a resort in Lonavala, near Pune. The Congress-JD(S) coalition government fell on Tuesday as it lost the trust vote in the Assembly. Following the defeat, Kumaraswamy submitted his resignation to Governor Vajubhai Vala at Raj Bhavan, along with his cabinet ministers. The defeat marked the end of an uneasy coalition that was formed after the assembly polls on May 23, 2018, which returned a hung verdict after three main parties in the state- Congress, BJP and the JD (S) contested against each other in the polls. Replying to a question, he said he was constitutionally bound to cooperate with the new government that may be formed in the state. He also said the new government would have to get the Finance Bill passed.

Karnataka: Assembly Speaker KR Ramesh Kumar disqualifies three Congress MLAs

Supreme Court on Tuesday took up the pleas of 10&nbsp;rebel Karnataka MLAs against Speaker K R Ramesh for not accepting their resignations.

Senior counsel Mukul Rohatgi representing rebel MLAs said, "I don't want to be an MLA. Nobody can force me. My resignation must be accepted."

Rohatgi said the Speaker can't hold the resignations for so many days. "This is an attempt to scuttle their resignations. The Speaker is trying to make a decision on both the issues-resignation and disqualification-at the same time," he said.

The Supreme Court on Friday directed Karnataka Speaker K R Ramesh to not to decide on the resignations or disqualifications of the MLAs till Tuesday.

Supreme Court's direction had come after ten Congress and JD(S) MLAs moved the top court, seeking a direction to the Speaker to accept their resignation and not proceed with the applications for their disqualification from the House.

Following which Speaker K R Ramesh had urged the apex court to recall its order which asked him to take a decision on the resignation of MLAs during the course of the day i.e. July 11.

On Monday, five other rebel MLAs approached the Supreme Court seeking direction to the speaker to accept their resignations at the earliest.

Meanwhile, the Kumaraswamy government will face the trust vote in Karnataka Assembly at 11am on Thursday.

Karnataka government has been reduced to minority in the Assembly after 16 rebel legislators resigned and 2 Independents withdrew support to it. 
 
(With inputs from agencies)

Supreme Court on Tuesday took up the pleas of 10 rebel Karnataka MLAs against Speaker K R Ramesh for not accepting their resignations. Senior counsel Mukul Rohatgi representing rebel MLAs said, "I don't want to be an MLA.

Supreme Court on Tuesday took up the pleas of 10 rebel Karnataka MLAs against Speaker K R Ramesh for not accepting their resignations. Senior counsel Mukul Rohatgi representing rebel MLAs said, "I don't want to be an MLA. Nobody can force me. My resignation must be accepted." Rohatgi said the Speaker can't hold the resignations for so many days. "This is an attempt to scuttle their resignations. The Speaker is trying to make a decision on both the issues-resignation and disqualification-at the same time," he said. The Supreme Court on Friday directed Karnataka Speaker K R Ramesh to not to decide on the resignations or disqualifications of the MLAs till Tuesday. Supreme Court's direction had come after ten Congress and JD(S) MLAs moved the top court, seeking a direction to the Speaker to accept their resignation and not proceed with the applications for their disqualification from the House. Following which Speaker K R Ramesh had urged the apex court to recall its order which asked him to take a decision on the resignation of MLAs during the course of the day i.e. July 11. On Monday, five other rebel MLAs approached the Supreme Court seeking direction to the speaker to accept their resignations at the earliest. Meanwhile, the Kumaraswamy government will face the trust vote in Karnataka Assembly at 11am on Thursday. Karnataka government has been reduced to minority in the Assembly after 16 rebel legislators resigned and 2 Independents withdrew support to it. (With inputs from agencies)

Karnataka crisis: Supreme Court takes up rebel MLAs' plea

Karnataka Assembly Speaker KR Ramesh Kumar on Thursday said that he needs to examine the resignations of rebel MLAs to ascertain if they are genuine.

''I need to examine these resignations of rebel MLAs all night and ascertain if they are genuine,'' said the Speaker while addressing the media at Vidhana Soudha after meeting rebel MLAs.

The Speaker said that the rebel MLAs told him they went to Mumbai as some people threatened them.

''I would've given them protection,'' the speaker said and added, only three working days have elapsed but they behaved as earthquake occurred.

Speaker also said that he had videographed everything and send the taps to the Supreme Court.&nbsp;

On the delay in announcing his decision, he said ''My obligation is to people of this state and the Constitution of the country. I am delaying because I love this land. I am not acting in haste.''

The Speaker said that he scrutinised the resignations based on rule202 and found eight letters not in prescribed format. ''I'm obliged to look if resignations are voluntary and genuine,'' he added.

Karnataka Assembly Speaker KR Ramesh Kumar on Thursday said that he needs to examine the resignations of rebel MLAs to ascertain if they are genuine. ''I need to examine these resignations of rebel MLAs all night and ascertain if they are genuine,'' said the Speaker while addressing the media at Vidhana Soudha after meeting rebel MLAs.

Karnataka Assembly Speaker KR Ramesh Kumar on Thursday said that he needs to examine the resignations of rebel MLAs to ascertain if they are genuine. ''I need to examine these resignations of rebel MLAs all night and ascertain if they are genuine,'' said the Speaker while addressing the media at Vidhana Soudha after meeting rebel MLAs. The Speaker said that the rebel MLAs told him they went to Mumbai as some people threatened them. ''I would've given them protection,'' the speaker said and added, only three working days have elapsed but they behaved as earthquake occurred. Speaker also said that he had videographed everything and send the taps to the Supreme Court. On the delay in announcing his decision, he said ''My obligation is to people of this state and the Constitution of the country. I am delaying because I love this land. I am not acting in haste.'' The Speaker said that he scrutinised the resignations based on rule202 and found eight letters not in prescribed format. ''I'm obliged to look if resignations are voluntary and genuine,'' he added.

Needs to examine if resignations are genuine: Speaker on Karnataka crisis 

kr-ramesh-kumar

Kr Ramesh Kumar, News on Kr Ramesh Kumar, stories on Kr Ramesh Kumar, articles on Kr Ramesh Kumar, Kr Ramesh Kumar stories at Wion, Kr Ramesh Kumar news, Kr Ramesh Kumar latest news

kr ramesh-kumar

Karnataka: Assembly Speaker KR Ramesh Kumar disqualifies three Congress MLAs

Karnataka crisis: Supreme Court takes up rebel MLAs' plea

Needs to examine if resignations are genuine: Speaker on Karnataka crisis