A three-judge bench headed by Justice N V Ramana held that the Speaker cannot dictate the duration of the disqualification till the end of the 15th legislative assembly term.

NEW DELHI: The Supreme Court on Wednesday upheld the Speaker’s order of disqualifying 17 Karnataka MLAs, who had challenged their suspension by former state assembly speaker Ramesh Kumar.

A three-judge bench headed by Justice N V Ramana held that the Speaker cannot dictate the duration of the disqualification till the end of the 15th legislative assembly term.

This means the disqualified MLAs can contest the December 5 by-election for which nominations are being filed.

The speaker had disqualified the rebel MLAs till the end of the term of Assembly till 2023.

But the bench today said that the Speaker did not have the power to prescribe a period of disqualification of an MLA.

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A three-judge bench also said if elected in by-polls, these disqualified MLAs can become ministers or hold public office.

The bench deprecated the manner in which the disqualified MLAs directly approached it without first moving the high court.

The court said its verdict is based on facts and circumstance of the case and does not interfere in the Speaker’s power to disqualify members.

The top court passed the verdict on petitions filed by these disqualified MLAs.

The top court had reserved its verdict on October 25 on petitions filed by these disqualified MLAs challenging orders of Kumar to disqualify them.

Kumar had disqualified the 17 legislators of the ruling Congress-JD(S) coalition ahead of a trust vote in July.

The then chief minister HD Kumaraswamy had resigned after losing the trust vote, which paved the way for the BJP-led government in the state under BS Yediyurappa.

Bypolls to 15 out of these 17 assembly seats which fell vacant following the disqualification of MLAs are scheduled on December 5 and candidates are required to file their nomination papers between November 11 and November 18.

Some of these disqualified MLAs had argued in the apex court that they have an “indefeasible right” to resign as members of the assembly and the decision by the then Speaker to disqualify them smacks of “vengeance” and “mala fide”.

The court also expressed concern over the growing trend of speaker acting against the constitutional mandate and said, “citizens are denied stable governments.”

During arguments in the matter, senior advocate Kapil Sibal, appearing for the Karnataka Congress, had contended that the then Speaker, who was the master of the Assembly, had exercised his jurisdiction to disqualify these MLAs and his decision cannot be questioned.

Sibal had also submitted that “the matter needs to be referred to a Constitution bench as it raises matters of grave constitutional importance”.

The incumbent Karnataka Assembly Speaker had earlier told the top court that he has no difficulty in hearing these 17 MLAs and take a “fresh call” on the issue.

Solicitor General Tushar Mehta, appearing for the office of the Karnataka Assembly Speaker, had submitted that under the scheme of Constitution, a lawmaker has a right to resign and the Speaker should accept it.

In July, the 17 rebel legislators had switched sides to Bharatiya Janata Party (BJP) after assembly elections, leading to the collapse of the Congress-Janata Dal (Secular), or JD(S) coalition government.

Speaker Kumar had refused to accept their resignations and instead disqualified them, barring them from contesting elections until the end of the assembly’s term in 2023.

The legislators then moved the Supreme Court challenging the ruling.

Kumar had disqualified the lawmakers on grounds that their resignations were not voluntary and genuine, hence it amounted to defection.

The rebel members of the legislative assembly (MLAs) argued that their resignation was voluntary and they have the right to resign.

Also, they claimed that the Speaker only gave them three days as against the mandated seven days to dispute their disqualification.

The lawmakers argued that even if their disqualification was upheld it cannot last until 2023, but should be valid only until fresh elections take place.

The current Assembly Speaker is V Hegde Kageri.

The disqualified MLAs are: Pratap Gowda Patil, BC Patil, Shivram Hebbar, ST Somashekar, Byrati Basavaraj, Anand Singh, R Roshan Baig, N Munirathna, K Sudhakar and MTB Nagaraj, Shrimant Patil, Ramesh Jarkiholi, Mahesh Kumatalli and R Shankar (all Congress).

JD(S) members who faced action are K Gopalaiah, AH Vishwanath and KC Narayana Gowda.

Talking about fielding candidates for by elections, Deve Gowda said that his party would put up a strong fight in five-six seats, and may win most of these seats. 

KALABURAGI: Former Prime Minister HD Deve Gowda, who seems to be changing his stance about the stability of the current BS Yediyurappa government every few days, has now said that there is no immediate threat to BSY government, even after the bypolls. Speaking to the press in Kalaburagi on Monday, the JDS national president claimed that no party will be able to secure all the 15 seats going to polls, while also clarifying that there is no question of him supporting either the BJP or the Congress, nor will they try to topple the government to come to power.

“Me and other JDS leaders will concentrate only on strengthening the party over the next three years so that it can come to power on its own in the next assembly elections,” he said. He also maintained that the only way the BSY government will be toppled now is due to internal bickering within the BJP. Talking about fielding candidates for byelections, Deve Gowda said that his party would put up a strong fight in five-six seats, and may win most of these seats. 

“I am interested in strengthening the party rather than thinking about who will benefit from the presence of JDS candidates,” he said, adding that no dissatisfied leaders of the BJP and Congress have expressed a desire to contest on a JDS ticket, but that some of them have contacted H D Kumaraswamy and Bandeppa Kashempur. The list of JDS candidates will be announced in a few days, probably by Wednesday, he said. Commenting about the political situation in Maharashtra, Deve Gowda said he feels there is nothing wrong in the Shiv Sena seeking the support of NCP and the Congress in forming the government. 

Virajpet hindu organisations also recalled the service rendered by Kuttappa and observed his death anniversary as martyr day

MADIKERI: Kodagu remained calm on Tipu Jayanti as no private celebration of the jayanti by organisations or individuals was witnessed across the district on Sunday. The police department had earlier warned not to celebrate the event and requested for communal harmony in Kodagu on the day of Eid Milad festival and also a day after the Ayodhya verdict.

Meanwhile, Eid Milad festival celebration in Madikeri has been postponed to Monday and the decision was voluntarily taken by the religious heads of the three main mosques of Madikeri, obliging to the instructions by the Kodagu SP, to prevent any untoward incidents on the Tipu Jayanti day. However, Eid Milad was celebrated in Somwarpet and Virajpet, but no procession was taken out on Sunday.

Simultaneously, a group of Hindu activists performed puja at Madikeri Sri Omkareshwara temple remembering the death of Devapanda kuttappa, the then organising secretary of Kodagu Vishwa Hindu Parishat who died in Madikeri during 2015 Tipu Jayanti clash between two groups.

Virajpet hindu organisations also recalled the service rendered by Kuttappa and observed his death anniversary as martyr day.

HDK and his father hint at new warmth in ties with the BJP, are likely to support Yediyurappa govt after bypolls

BENGALURU: Former Prime Minister HD Deve Gowda, who had on Tuesday given out a ‘No’ to any understanding with the BJP, has changed his mind in less than 24 hours.

On Wednesday, he claimed that there are no “permanent enemies” in politics.

This easing of the stand has drawn some sharp comments from the Congress.

Opposition leader Siddaramaiah said, “If they go with BJP, they are not secular.”

KPCC President Dinesh Gundu Rao went a step further to add that the JDS was “turning communal’’.

Political circles, closely watching the developments over the past fortnight, reacted cautiously when former Chief Minister HD Kumaraswamy first hinted at a thawing of relationship between the JDS and BJP, when he said that considering the floods and other challenges before the state, the BS Yediyurappa government shouldn’t be rocked.

He had also indicated that Yediyurappa need not worry about the outcome of the bypolls, seen as a broad hint that the JDS may stand by the BJP in the assembly.

And now comes Gowda’s statement that “there are no permanent enemies’’. Both father and son, who had earlier predicted mid-term polls in January, seem to be reading the tea leaves differently. Now, the Gowdas seem somewhat eager to allow the government to complete its full term.

Deve Gowda took pains to define “who is an enemy” and “who is a friend” in the optics of politics. 

“Is CM Yediyurappa my enemy? Siddaramaiah and I have opposed and fought each other, but we have also shared the stage together, which is a sign of friendship.” He summed up, time and situations change everything, even friends and enemies.

This softening of stand towards BJP, by the former PM, who made a mark on the national stage as a proponent of secular politics, came as a surprise to observers even within the party.

Most observers had maintained that he would not support the BJP at any cost, to keep the identity and the branding of his Janata Dal Secular, intact.

However, now there is an increasing buzz within the JDS that the party may go the whole hog and support the BJP, should it fall short of MLAs after the December 5 bypolls. On Tuesday, it was reported that Gowda and Yediyurappa had spoken to each other. For form’s sake,  Gowda has maintained that they had spoken about “some other issue”.

Another telling sign of the thaw was the transfer of Bapugouda Patil, the police officer against whose ‘excesses’ Gowda had protested in Gurmitkal, and threatened to stage a protest outside Yediyurappa’s house on November 15.

Former minister Basavaraj Horatti has quite significantly said that he would do whatever the party leadership decides.

Puttanna suspended for anti-party activities

Former deputy chairman of the Council Puttanna was suspended from the JDS for indulging in “anti-party activities”.

Senior JDS leader HD Revanna used extremely harsh language against Puttanna recently after he was seen to be getting close to the BJP.

Third-time  MLC Puttanna term ends in seven months.

Meanwhile, Congress district units across the state staged protests demanding the CM’s resignation and Amit Shah’s dismissal from the Union cabinet.

BENGALURU: As the political storm continues to brew over the chief minister’s reported remarks about his party’s central leaders being in the know of developments related to the rebel MLAs’ resignation, BS Yediyurappa on Monday dared Opposition leader Siddaramaiah to contest elections.

“If you have the guts, face elections instead of trying to create confusion in the SC and among people. You are a former CM, Opposition leader and an advocate, you should know how to behave,” the CM thundered. “Under Siddaramaiah’s leadership, Congress won just one seat in the state. Now, he is doing all these things to cover up his failures,” he said.

Accusing Siddaramaiah for the rebels’ resignation and for the fall of the coalition, the CM said Siddaramaiah and former Speaker Ramesh Kumar conspired to disqualify the MLAs. The BJP has nothing to do with the rebel MLAs’ decision, he said.

Continuing his tirade against the former CM, Yediyurappa said under Siddaramaiah’s leadership, the Congress will never come to power in the state. “There is no truth in what they are saying about the video. They should be ashamed of it,” Yediyurappa said.

BJP State General Secretary N Ravi Kumar also rubbished the Congress’ allegations, and called the video a “fake CD”. “Siddaramaiah had conspired to bring down the coalition government while he was staying at Shanti Vana (resort), and a CD of his conversation was also released. He is now doing this to discredit the BJP, but he won’t be successful,” he said.

Meanwhile, Congress district units across the state staged protests demanding the CM’s resignation and Amit Shah’s dismissal from the Union cabinet. According to them, footage Yeddyurappa’s speech at the party meeting in Hubballi proved that the BJP central leaders were responsible for the resignation of the rebels.

Within days of taking over, the BJP government, led by Yediyurappa, had cancelled the Tipu Jayanti celebrations, terming it controversial and communal.

BENGALURU: For over 200 years, Tipu Sultan, the ruler of Srirangapatna who had waged many fierce battles and died fighting the British in 1799, has been a part of history books. 

There have been dozens of research papers and debates based on the ruler, but he now seems to be fighting a losing battle against the present BJP government in the state, which has been fiercely critical of him and his legacy.

With just ten days to go for the Tipu Jayanti (birth anniversary), Chief Minister B S Yediyurappa on Wednesday asserted, “101 per cent, we will remove everything related to him,” when asked about his party MLAs writing to him seeking that Tipu Sultan’s name be removed from textbooks. Later, he tempered his reply to another journalist and said, “The government is considering removing references to Tipu Sultan from textbooks also.’’

Within days of taking over, the BJP government, led by Yediyurappa, had cancelled the Tipu Jayanti celebrations, terming it controversial and communal.

Historians reacted with shock, pointing out that this will mean erasing an entire period of history when Tipu Sultan, after taking over from his father Hyder Ali, waged a series of battles and undertook several administrative measures, many of which continued to be in force for decades in the kingdom of Mysore. 

A period in history cannot be erased based on religious beliefs, they stressed.  

Prof S Chandrashekar, former HoD at Bangalore University said, “This controversy about Tipu Sultan is not new. I have seen this right from 1998-1999 when the then Chief Minister J H Patel wanted to celebrate Tipu Sultan’s bicentenary. Tipu had been made a controversial figure by removing him from context. This 
is not academics, but plain politics.’’

Aditya Mukherjee, History Professor at Jawaharlal Nehru University, said, “It is in bad taste. We need to draw positive things from history. Tipu was one of the bravest fighters against the British. He built temples too. When we look at history, motivation is important. They are looking at history for friction and cutting each other’s throat.’’

Congress legislature party leader Siddaramaiah reacted saying, “The government should not try to twist history. Tipu Sultan fought the colonial British rulers. The BJP leaders are trying to twist historical facts to suit their agenda, which should be stopped. It is only BJP leaders who accuse Tipu of being communal 
and not others. It is the saffron cadre which is communal, not Tipu Sultan.”

Karnataka Pradesh Congress Committee president Dinesh Gundu Rao said, “If an ignorant person, or someone who is doesn’t know history, speaks like this, it is understandable. I don’t know why Yediyurappa is speaking like this. Is he an expert in history? It is not right to remove Tipu’s name from textbooks.’’

Bengaluru Rural MP D K Suresh, had arrived in Delhi at 1.20 am on Wednesday to keep track of the developments.

NEW DELHI/BENGALURU: The Enforcement Directorate (ED), which is probing Karnataka Congress leader D K Shivakumar in an alleged money-laundering case, told the Delhi High Court on Wednesday that it has issued fresh summonses to his wife Usha and the mother Gowramma (85). While Shivakumar’s mother has been summoned on November 15, his wife has been told to appear before the agency on November 17.

However, the counsel for Usha and Gowramma claimed before the court that they have not received the summonses. Gowramma’s counsel had earlier said that whenever the ED summons her, the agency has to comply with the provision of the CrPC which states that a girl below 15 years of age and a woman of over 65 years cannot be called to a police station.

Gowramma’s lawyers had petitioned the Delhi High Court seeking that if she has to be questioned, it can be done in Bengaluru, and not in Delhi, considering her age and health. Justice Brijesh Sethi has listed the matter for further hearing on November 4.

Bengaluru Rural MP D K Suresh, had arrived in Delhi at 1.20 am on Wednesday to keep track of the developments.

The court was hearing separate pleas by the two women challenging the summonses which were earlier issued to them by the ED. The agency had told the court that the earlier summonses were not in existence and fresh ones would be issued as the investigation was still going on.

Urugunte Bitahalli in Mulbagal taluk, Kolar district, is in mourning. Half the village, especially the elders, have left for Bengaluru to pay homage to its son, Justice N Venkatachala. 

MULBAGAL: Urugunte Bitahalli in Mulbagal taluk, Kolar district, is in mourning. Half the village, especially the elders, have left for Bengaluru to pay homage to its son, Justice N Venkatachala. 
Justice Venkatachala brought honour to his native village, especially after he became the people’s hero, with his indefatigable campaign against corruption.

Muniyappa, a resident, said Venkatachala had brought name and fame to the village. He had visited Urugunte Bitahalli a year ago, though his family members come here regularly and stay. He recalled that people would meet the retired judge in his house, and he would offer fruits and coffee. In the early mornings and evenings, he would walk in his fields with other elderly people, collecting details of the rain pattern and crops grown.

Muniyappa said he often advised the people to work hard and take care of their families. He encouraged them to participate in agricultural activities.

 qVenkatesh, who lives in the house adjacent to Justice Venkatachala’s, said the anti-corruption crusader was keen that his nation be corruption-free, and that every person wakes up and fights the scourge, so that the nation benefited. He wanted government programmes to reach the beneficiaries.
Chandramma, another villager, said about 10 years ago, when she brought to his notice a delay in updation of her revenue records, he collected the details, and to her surprise, the work was done immediately. She said several people from surrounding villages too brought their grievances to him, and he worked to help them. On Wednesday, his family arranged a bus to help the villagers reach Bengaluru to pay tribute.

This year, 64 people will be given Kannada Rajyotsava award on the 64th Kannada Rajyotsava on November 1.

BENGALURU: This year, 64 people will be given Kannada Rajyotsava award on the 64th Kannada Rajyotsava on November 1.

Awards will be given to achievers in the fields of literature, sports, theatre, music, folk, sculpture, drawing, Yakshagaana, film, small screen, education, journalism, social service, agriculture, law, medical and environment. Chief Minister B S Yediyurappa and Kannada and Culture Minister C T Ravi is expected to give the awards on November 1 in Bengaluru. Yediyurappa said the selection committee has selected people from all the 30 districts.

Noted theatre personality Bhargavi Narayan; former V-C of Kuvempu University Prof Chidananda Gowda, who is also the son-in-law of Rashtrakavi Kuvempu, educationalist Gururaja Karjaragi and singer Muddu Mohan are some of the awardees. Justice N Kumar, retired high court judge who played an important role in streamlining garbage disposal in Bengaluru through his judgments, will also be given the award.

Prabat Art International and Pathanjali Yoga Shikshana will also be given the award.

The management also handed Prateek Jain a debut in the final, against Tamil Nadu, for his left-arm pace instead of a regular in Ronit More; a bold call in a pressure game. 

BENGALURU: Karnataka were the standout team in this Vijay Hazare Trophy. After topping a tough combined Group A and B with just one loss, they were invincible in the knockout stages, going on to claim their fourth domestic one-day title on Friday. Devdutt Padikkal (609 runs), KL Rahul (598), Manish Pandey (525), Abhimanyu Mithun (20 wickets) and Prasidh Krishna (17) were their standout performers. 

Besides individual brilliance, the team management also played its part with some important decisions during the tournament. One among them was the bold move to play a part-time keeper in the knockout stages despite having a fit keeper in the form of BR Sharath.

Giving Rahul the gloves allowed them to play an extra bowler in the quarterfinal, and an extra batsman in the semifinals and final. 

“I always wanted him to keep so that we could play six batsmen and adjust in one all-rounder,” said Pandey. “We were closing in on the knockout phase, so I thought that him keeping would help me get another all-rounder in, or we can play six batsmen and five pure bowlers.”

The management also handed Prateek Jain a debut in the final, against Tamil Nadu, for his left-arm pace instead of a regular in Ronit More; a bold call in a pressure game. 

It has to be noted that performances were taken into account while picking the XI. Premier leg spinner Shreyas Gopal, who was not at his impressive best in the tournament, did not find a place in the semifinals and final after unimpressive figures against Puducherry (0/55), Saurashtra (1/52) and Mumbai (1/80). Praveen Dubey, who took three wickets each against Goa and Puducherry, was given the nod. 

“The management has been giving chances to different players, who are doing well in all kinds of leagues. If you get a chance to feature for the state (in the XI) and deliver, then it gives players the confidence and drive to do well,” Mithun said.

With Vinay Kumar leaving Karnataka, Mithun was the bowling spearhead, entailing peak fitness as a prerequisite. In eight round-robin games, they rested him for two: against Chhattisgarh and Saurashtra. Mithun took a minimum of one wicket in each of the other six. He was at his menacing best in the final, scalping five that included a hat-trick. 

“The team management always wanted to rotate the bowlers as they wanted me and others to be fresh. It was done as there were so many matches to be played,” said Mithun.