New Delhi: Fifteen disqualified Congress-JD(S) MLAs on Thursday moved the Supreme Court seeking quashing of erstwhile Karnataka Speaker KR Ramesh Kumar's order disqualifying them for the term of the present Assembly.
The petition, filed through advocate Shubhranshu Padhi, also sought setting aside of the Ramesh's July 28 order rejecting their resignations.
In their petition, the disqualified MLAs termed the then Speaker's decision as "wholly illegal, arbitrary and mala fide action". They also submitted that their resignations were "voluntary and genuine".
"The Speaker has grossly erred in holding that the resignations of the petitioners were not 'voluntary and genuine'. It is submitted under Article 190 of the Constitution read with Rule 202 of the Karnataka Legislative Assembly, a member can deliver resignation signed in his own hand and the Speaker is only to satisfy himself about genuineness and voluntariness of the resignation," the plea said.
The petition submitted, "It is pertinent to state that the petitioners have also filed affidavits before this court in the earlier proceedings stating that they have resigned voluntarily and their resignations may be accepted. And yet the Speaker has rejected the resignations submitted by the petitioners on wholly extraneous grounds."It alleged that Ramesh took the decision in "undue haste".
"The Speakers' insistence on them attending the proceedings before him on the date of the trust vote clearly speaks volumes of the manner in which the disqualification proceedings have been conducted against them," the petition said.
The plea also urged the court to call for the records of the proceedings before the then Speaker pertaining to the resignation and disqualification.
On July 29, two Congress MLAs had approached the court against Ramesh's decision.
Ramesh had disqualified 14 MLAs with from the Assembly on July 28, days after the Congress-JD(S) government lost the trust vote in the House.
Three rebel MLAs were disqualified on July 25.
All the disqualified MLAs cannot contest elections until the expiry of the term of the 15th Legislative Assembly.
The coalition government in Karnataka fell July 23. 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.
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