Thread by @barandbench

Karnataka HC to pass interim order in 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.

@pbhushan1

#mlc
#statelegislativecouncil

On Friday, a Division Bench headed by CJ Oka had begun dictating its order.

However due to paucity of time, the matter was posted today.

Dictation of order will resume at 2:30 pm today.

The Bench is expected to arrive shortly.

Find out what transpired in court during the previous hearing by following this thread:

https://twitter.com/barandbench/status/1332246397060476929?s=19

#MLC
#karnatakahc

Bench assembles.

Bench is now summarising the arguments raised by all parties.

Bench: Apex Court held that the Hon Speaker has no jurisdiction to disqualify the respondents till the end of the Legislative Assembly Term.

Bench: We are concerned with Articles 164 (1) (B) and 361 (B).

The question is whether the three resp have incurred disqualified under Art 164 (1) (b) and under Art 361 (B), Bench

Bench: As can be seen from the order of the Hon'ble Governor, A H Vishwanath is nominated. He is not elected to any of the two houses.

Court: Admittedly the term of the post of MLC from which he is disqualified has not expired yet. It will expire in May, 2021.

HC: We are not granting specific injunction as prayed for as Hon Governor is appointing authority of Hon Minister, is bound to take into consideration the disqualification.

With regard to the other two respondents, the question before us is whether their disqualification under Art 164 and 361 has come to an end on the ground that they have been elected as members of the State Legislative council: Bench.

Prima facie, we are of the view that Articles 164 (1) (b) and 361 (B) will have to he construed strictly: HC

Conclusions:

It is not even prima facie established that R Shankar and N Nagaraj have been disqualified under Art 164 and 361.

We hold that A H Vishwanath ex facie attracts disqualification under Art 164 (1) (b) and Art 361 (B).

Thus, ex facie, disqualification of AH Vishwanath will continue till the expiry of the term of Legislative Assembly: Bench

Bench: No interim order can be passed for N Nagaraj and R Shankar.

We have held that one nominated member has incurred disqualification, the other two have not incurred disqualification, prima facie observations: Bench.

Bench clarifies that, at this stage it cannot record any finding whether AS Vishwanath is eligible to be nominated or not.