Disqualified MLAs from Karnataka filed a petition in the Supreme Court on Friday to adjourn the by-elections to the state assembly seats on December 5. A bench headed by Justice NV Ramana completed the hearing on October 25 on the petitions filed against the Speaker's decision to disqualify 17 Congress-JD (S) MLAs. On behalf of the disqualified MLAs, senior advocate Mukul Rohatgi referred to the matter and said that the by-elections are to be held on December 5 for the assembly seats and the candidates have to file nomination papers from November 11 to 18.
He said that the disqualified MLAs will not be able to file nomination papers in it and anyway the apex court has not yet given a decision in this matter. Rohatgi adjourns the by-election till the apex court's decision on the petitions of MLAs challenging the disqualification Requested. The apex court asked the counsel for the MLAs to file a fresh application in this regard. before this, The Election Commission had postponed the by-elections to be held on October 21 till December 5 in view of the fact that the petitions of the disqualified MLAs were pending in the apex court. On behalf of the Karnataka Congress, senior advocate Kapil Sibal had told the court that the matter challenging the disqualification of MLAs should be referred to the Constitution Bench.
He said that the then Speaker KR Ramesh Kumar had used his jurisdiction to disqualify the MLAs and his decision cannot be questioned. Some MLAs who were disqualified had argued in the apex court that their right to resign from the membership of the House was included and the proceeding by the Speaker of the Legislative Assembly to disqualify them thereafter was malicious.