BENGALURU: In a major blow to BJP MLC A.H. Vishwanath, the Karnataka High Court has held that his disqualification as MLA under the anti-defection law continues and hence he cannot be appointed as a minister.
A division bench of Chief Justice Abhay Shreeniwas Oka, and Justice S. Vishwajith Shetty while hearing a petition by advocate A.S. Harish on Monday said that Vishwanath has incurred disqualification under Article 164 (1) (b) and Article 361 (B) of the Constitution, till the expiry of the term of the Legislative Council-May 2021 as he was nominated to the council.
The other two MLCs R. Shankar and M.T.B. Nagaraj got a reprieve as the court observed that their disqualification did not subsist as they were elected to the legislative council. Hearing the petition, the bench noted, “It is not prima facie established that R. Shankar and N. Nagaraj have been disqualified under Article 164 (1)(b) and Article 361(B). We hold that A.H. Vishwanath, ex-facie attracts disqualification under Article 164 (1) (b) and Article 361 (B).”
The bench said that the Chief Minister will have to take into account the issue of Vishwanath’s disqualification and even if a recommendation is made by the CM, then the Governor is bound to consider the aspect of disqualification incurred by him, said the court.
The petitioner had alleged that the three respondents were given a back door entry into the Legislative Council with the sole purpose of inducting them into the Council of Ministers even though Vishwanath and Nagaraj had lost in the by-elections in their respective Assembly constituencies, after their disqualification.
Shankar had not even contested the Assembly elections. Harish further submitted that a disqualified member of the Assembly will have to get re-elected to the same House, during the same period in which he was disqualified, by contesting in an election from the Assembly constituency if he wishes to become eligible to be appointed as a Minister.
The respondents had opposed the petition on the grounds that they were filed prematurely. Reacting to the verdict, Vishwanath said that he respected the verdict but would move to the apex court. “I welcome the law of the land and the verdict of the court. I also honour the verdict. I am going to appeal against the verdict in the Supreme Court,” added the BJP MLC.
Meanwhile, a war of words ensued between former Minister and KR Nagar JD(S) MLA Sa Ra Mahesh. Mahesh alleged that Goddess Chamundeshwari has punished Vishwanath for betraying the party for money and power. Reacting to it, Vishwanath likened Mahesh with muck and said he would not get into mud-slinging. Correspondent