Supreme Court stays HC trial of Karnataka bypoll order

New Delhi: The Supreme Court on Wednesday stayed proceedings before Karnataka high court relating to the challenge to the Election Commission’s notification rescheduling byelection to fill 17 vacancies, caused by the disqualification of rebel legislators belonging to earlier ruling Congress-JD (S) alliance, in the state Assembly.

A bench of Justice N.V. Ramana, Justice Sanjiv Khanna and Justice Krishna Murari, while staying the proceedings before the high court, did not interfere with the proceedings on a petition seeking that as the Model Code of Conduct that ca-me into force in the wake of earlier September 21, 2019, the notification should continue to remain in operation. “In view of the proceedings going on before this court relating to the conduct of byelections for the Karnataka legislative Assembly vide notification dated 27-09-2019, issued by the election commission of India, we think it is appropriate to stay the further proceedings... pending adjudication before the high court of Karnataka at Bengaluru,” said the order by the top court.

The order came on a plea by the Election Commission seeking that the proceedings before the Karnataka high court be put on hold. One Venkatesa Setty had challenged the revised election schedule by the poll panel.

The bypolls to 17 Assembly seats were deferred after top court had on September 26 said that it would decide on the petitions by the disqualified legislators challenging their unseating for the then Speaker
K.R. Ramesh Kumar for the rest of the term of the Assembly till 2023.

The then Speaker Ramesh Kumar, while rejecting the resignations of 17 legislators, disqualified them.