Courts have no jurisdiction on disqualification matter: Speaker

Assembly Speaker K B Koliwad on Wednesday asserted his right to reserve his decision on the disqualification of seven rebel JD(S) legislators, quoting a Constitutional provision, as per which he said courts had no jurisdiction over the matter.

On March 19, Koliwad had reserved his order after hearing a petition filed by the JD(S), seeking disqualification of seven rebel legislators. The High Court, on Tuesday, requested the speaker to inform as to when he would pass the orders. Accordingly, Advocate General Madhusudan Naik met Koliwad to discuss the matter.

“I have reserved my order. I can give it now, in the evening, tomorrow or not give it at all,” Koliwad told reporters after meeting Naik. “The advocate general and I discussed legal aspects, including Constitutional provisions,” he added.

Koliwad said he had not received any communication from the High Court. “How can I take cognisance of what the court has said, when I have not received anything in writing?” he said.

He cited the the 10th Schedule of the Constitution – referred to as the anti-defection law – and said courts had no jurisdiction in the matter of disqualification. “Notwithstanding anything contained in the Constitution, no court shall have any jurisdiction in respect of any matter connected with disqualification,” he said, while reading out Rule 7 of the 10th Schedule.

Ahead of the Rajya Sabha polls scheduled on March 23, the JD(S) has sought disqualification of B Z Zameer Ahmed Khan, N Cheluvarayaswamy, A B Ramesh Bandisiddegowda, H C Balakrishna, Akhanda Srinivasamurthy, Iqbal Ansari and S Bheema Naik.

The ruling Congress is banking on the votes of these seven legislators to help its third candidate G C Chandrashekhar win in the Rajya Sabha polls.

Assembly Speaker K B Koliwad on Wednesday asserted his right to reserve his decision on the disqualification of seven rebel JD(S) legislators, quoting a Constitutional provision, as per which he said courts had no jurisdiction over the matter.

On March 19, Koliwad had reserved his order after hearing a petition filed by the JD(S), seeking disqualification of seven rebel legislators. The High Court, on Tuesday, requested the speaker to inform as to when he would pass the orders. Accordingly, Advocate General Madhusudan Naik met Koliwad to discuss the matter.

“I have reserved my order. I can give it now, in the evening, tomorrow or not give it at all,” Koliwad told reporters after meeting Naik. “The advocate general and I discussed legal aspects, including Constitutional provisions,” he added.

Koliwad said he had not received any communication from the High Court. “How can I take cognisance of what the court has said, when I have not received anything in writing?” he said.

He cited the the 10th Schedule of the Constitution – referred to as the anti-defection law – and said courts had no jurisdiction in the matter of disqualification. “Notwithstanding anything contained in the Constitution, no court shall have any jurisdiction in respect of any matter connected with disqualification,” he said, while reading out Rule 7 of the 10th Schedule.

Ahead of the Rajya Sabha polls scheduled on March 23, the JD(S) has sought disqualification of B Z Zameer Ahmed Khan, N Cheluvarayaswamy, A B Ramesh Bandisiddegowda, H C Balakrishna, Akhanda Srinivasamurthy, Iqbal Ansari and S Bheema Naik.

The ruling Congress is banking on the votes of these seven legislators to help its third candidate G C Chandrashekhar win in the Rajya Sabha polls.

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