Thread by @barandbench

Karnataka HC to hear a batch of pleas challenging the induction of three Members of the State Legislative Council (MLCs) - R Shankar, AH Vishwanath, and N Nagaraj - into the Council of Ministers.

#mlc
#statelegislativecouncil

The Petitioners and the State govt have completed making submissions. Today, counsel for the three MLCs will continue making submissions.

To know what happened yesterday, follow this thread:

https://twitter.com/barandbench/status/1331861924112265217?s=19

Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty will be hearing the batch of pleas.

Bench assembles.

Advocate Prashant Bhushan submits that an amendment application has been filed deleting the Governor as resp as well as removing objectionable adjectives in the plea.

@pbhushan1

Senior Advocate Ashok Haranahalli, appearing for 2 of the Respondents continues making submissions.

Adv Bhushan makes additional submissions.

We are saying that appointment as a minister is not permissible in the present case as it is against Article 164 B, Bhushan.

Bhushan: This plea is not premature. We have relief on newspaper reports which clearly said that they were going to appointed to the council of ministers.

Coming with a writ of prohibition in this case is justiciable: Bhushan.

If a person is defected, he has forfeited his right to be a part of the house till he is re-elected.

If he is loses in the re-election, the people have not forgiven him for defection. They have no confidence: Bhushan

Purposive interpretation should be given Articles 361 and 164, meaning they have to be elected to the same house. This should be done to prevent back door entry: Bhushan.

Senior Adv Udaya Holla appearing for one of respondents begins making submissions.

Disqualification under the Xth schedule does not bar a person from contesting for re-clections: Holla

Under section 8 of Representation of People's Act, grounds for re-election are mentioned: Holla.

Holla now reads Art 164 (1) (b) of the Constitution.

Art 361 B defines remunerative post, milord. MLA or MLC is not a remunerative post: Holla.

MLC is also paid a salary by the Govt: Bhushan.

Adv Vivek AR makes submissions now.

Matter passed over by Bench.

Bench is passing order now.

Bench: The said respondents were subjected to disqualification as per the orders from by the Hon Speaker in legislative assembly. Orders were passed against respondents and others. This was challenged by Petition filed before Supreme Court invoking article 32.

The Apex Court disposed of the plea in 2019. Court upheld decision of the speaker by detailing the duration of the disqualification, Bench

After disqualification, re-elections were held, Bench.

Bench notes that two of the respondents contested and were defeated.

Bench stops dictating order.

Bench: We will continue on Monday at 12:45 pm.

Matter will be next heard on Nov 30.

Bench rises.