On 08.02.2019, the Petitioner No.1 Ramesh Jarkhiholi sought leave of absence in a letter addressed to the Speaker, due to his daughters wedding fixed for 24.02.2019.
Subsequently, the Petitioner had written a letter dated 23.07.2019 addressing the Speaker and seeking four weeks time to file appropriate reply to the companytents of the petition.
Similarly, the Petitioner No.
Other Petitioners, including, Dr. K. Sudhakar, Pratap Gouda Patil, B. C. Patil, Arbail Shivaram Hebbar, S. T. Somashekar, A. Basvaraja, Munirathna, A.H. Vishwanath, K. Gopalaiah, C. Narayanagowda, Anand Singh, N. Nagaraju MTB and Roshan Baig submitted their resignations from the membership of the House between 01.07.2019 to 11.07.2019.
P. C NO.
872 of 2019 filed before this Court.
A companymon order dated 28.07.2019, disqualifying the 10 Petitioners, was passed by the Speaker.
The main allegations against the aforesaid persons were that they did number participate in the meetings of the party and the proceedings of the Assembly session held from 06.02.2019 onwards, and the companyduct of all the aforesaid members was in violation of the whip issued by the INC in this regard.
872 of 2019 and again, on 17.07.2019, this Court granted protection to the Petitioners with respect to being companypelled to participate in the proceedings of the House.
7 of 2019 was filed against R. Shankar on 16.07.2019 and Disqualification Petition No.
It is further recorded that the petitioner had number attended the Assembly sessions on 18.07.2019, 19.07.2019, 22.07.2019 and 23.07.2019.
The Petitioners have alleged that the period given in the aforesaid numberices was too short and in fact some of them had number even received numberices within time to respond.
As a result, the Petitioner had number incurred any disqualification under the Tenth Schedule of the Constitution.
Further, as detailed above, on 25.07.2019 and 28.07.2019, the Speaker passed the five impugned orders in Disqualification Petition Nos.
The resignations were submitted by the Petitioners nearly four months after the Disqualification Petition had already been filed.
While the disqualification petition was pending, the two Petitioners submitted their resignation to the Speaker along with ten other MLAs belonging to INC JD S on 06.07.2019.
5 of 2019 was moved.
P. C NOS.
3 and 4 of 2019 were moved.
Thereupon, numberices were issued to the Petitioners on 14.02.2019, who duly filed their response disputing the companytents of the disqualification petition on 20.02.2019.
Admittedly, the Petitioners also refrained from attending the subsequent general body meeting dated 06.02.2019 as well as Assembly Sessions from 06.02.2019.
P. C NO.
As per the Petitioner, KPJP had number merged with INC and companysequently whip issued by the INC on 11.07.2019 was number binding on the Petitioner.
Pertinently, the petitioners letter dated 19.07.2019 written to the Speaker was number companyntersigned by any doctors of the Hospital.
However, the Petitioners again failed to attend the meeting held on 08.02.2019.
The Petitioners did number attend the party meeting on 18.01.2019.
Thereafter, Petitioners in Writ Petition C No.
998, 1000, 1001, 1005, 1006 AND 1007 OF 2019 The three Petitioners in Writ Petition C No.
1, 3, 4, 5, 7 and 8 of 2019.
It was also admitted that numberformal leave was granted to the Petitioner.
1003 of 2019 approached this Court in Writ Petition C No.
The Petitioners were thereupon given numberice to appear before the Speaker on 11.07.2019 in companynection with the disqualification petition.
The Petitioner, however, accepts that he had addressed a letter dated 14.06.2019 to the Speaker that he was the only legislator elected under the KPJP ticket and he had agreed to merge his party with the INC.
In these orders, the Speaker Rejected the resignation of the members asserting that they were number voluntary or genuine Disqualified all the Petitioners, and Disqualified the Petitioners till the end of the 15 th Legislative Assembly term Aggrieved, by the aforesaid disqualifications, all the Petitioners herein have approached this Court under Article 32 of the Constitution.
The Petitioners also did number attend the Budget session.
The Speaker, on the other hand, did number take the decision.
It ought to be numbered that the impugned order passed by the Honble Speaker, refers to the companymunication letters addressed by the petitioner of having gone to Chennai, but due to discomfort and health reasons had companytacted his doctor friend and accordingly proceeded to Mumbai where he was admitted.
It ought to be numbered that sufficient opportunity of hearing was accorded to the Petitioners herein who had also filed their responses.
The numberices did number refer to the resignation letters which had been submitted by 15 Petitioners, who are parties to the Writ Petition C No.
997 OF 2019 The Petitioners were elected to the 15th Karnataka Legislative Assembly on the INC ticket.
The Speaker in the impugned order has taken numbere of the surrounding circumstances, including the companyduct of the Petitioners from February 2019 onwards.
8 of 2019 was filed against Shrimanth Balasaheb Patel on 20.07.2019.
1005 of 2019 were members of the JD S , against whom a separate Disqualification Petition No.
997 of 2019, Ramesh L. Jarkhiholi and Mahesh Iranagaud Kumathalli, are said to have submitted their resignations to the Speaker on 06.07.2019.
It also records that the petitioner had attended the Assembly sessions on 12.07.2019 and 15.07.2019 but thereafter had abstained from attending the session on 22.07.2019 for which whip had been issued on 20.07.2019.
Subsequently, during the pendency of the said disqualification petition, Dr. Umesh Yadav submitted his resignation which was accepted by the Speaker.
1 of 2019 was instituted against Ramesh L. Jarkhiholi, Mahesh Iranagaud Kumathalli, Umesh G. Jadhav and B. Nagendra.
As the Speaker, did number companyduct the floor test, R. Shankar Petitioner in Writ Petition C No.
The Speaker passed a separate impugned order dated 28.07.2019 against these Petitioners.
On 19.01.2019, showcause numberices were issued to the Petitioners by INC for having failed to attend the party meeting on 18.01.2019, to which explanation was submitted by the Petitioners claiming that due to personal exigencies and medical reasons they companyld number attend the meeting.
The other five Petitioners impleaded themselves in the pending Writ Petition C No.
1003 OF 2019 The Petitioner R. Shankar claims that he is the sole elected member of the House belonging to KPJP.
However, the Speaker, acting in a mala fide manner, kept the resignation letter submitted by the Petitioners herein pending until the disqualification petition was decided.
998, 1000, 1001, 1006 and 1007 of 2019 were all members of the INC, against whom Disqualification Petition Nos.
Nevertheless, the Honble Speaker proceeded and passed the disqualification order on 28.07.2019 which has been impugned in the instant petition.
Pursuant to the same, the disqualification petition was filed against him on 20.07.2019 and he was further directed to appear for hearing on 24.07.2019.
997 OF 2019 The learned senior companynsel submitted that on 11.02.2019, a disqualification petition was filed against 4 MLAs including Dr. Umesh Yadav and the Petitioners herein.
disqualification petition was filed against the two Petitioners on 11.02.2019 on the ground that the Petitioners had voluntarily given up membership of the political party, i.e. INC and incurred disqualification under paragraph 2 1 a of the Tenth Schedule.
Petitioners in Writ Petition C Nos.
Admittedly, the Petitioner had abstained from attending the proceedings in the Assembly on 18.07.2019 and 19.07.2019.
Despite the orders of this Court directing the Speaker to decide the resignation, the Speaker kept the matter pending till the decision on the disqualification petition.
The Speaker had earlier rejected the leave of absence tendered by the Petitioner as the documents issued by the private hospital did number inspire companyfidence.
On 11.02.2019 Disqualification Petition No.
However, the Speaker did number take any call on the resignation of the above persons.
The events leading up to the resignation of the Chief Minister, on losing the trust vote on 23.07.2019, after several days delay, form the backdrop to the case of the present Petitioners.
The Speaker thereupon issued emergent numberices between 18.07.2019 to 20.07.2019 to all the Petitioners regarding the pending disqualification petitions to appear before him on the date of hearing fixed for 23.07.2019 and 24.07.2019.
A.H. Vishwanath JD S 1.Hunsur K. Gopalaiah 2.Mahalakshmi 2019 K.C. Narayanagowda Layout Krishanarajapet 1006/ Roshan Baig INC Shivajinagar 2019 1007/ N. Nagaraju MTB INC Hosakote 2019 Though the BJP was the single largest party, its attempt to form the Government was number successful.
Aggrieved by the fact that their resignations were number accepted, and with the impending trust vote being inevitable, most of the above persons approached this Court by way of a Writ Petition, being Writ Petition C No.
emphasis supplied Disqualification Petition No.
2 Mahesh Kumathalli had also addressed a letter seeking leave of absence due to illhealth.
