Speaker Cannot Bar Disqualified Members From Contesting Re-Elections Or Specify Period Of Disqualification : SC [Read Judgment]

The Supreme Court has held that the disqualification by the Speaker of defecting members under the Tenth Schedule would not operate as a bar for them in contesting re-elections.The bench comprising Justice NV Ramana, Justice Sanjiv Khanna and Justice Krishna Murari held thus in its judgment in Karnataka MLAs disqualification case. The Supreme Court has held that the disqualification by the Speaker of defecting members under the Tenth Schedule would not operate as a bar for them in contesting re-elections. The court noted that neither under the Constitution nor under the statutory scheme is it contemplated that disqualification under the Tenth Schedule would operate as a bar for contesting re-elections. "Therefore, neither under the Constitution nor under the statutory scheme is it contemplated that disqualification under the Tenth Schedule would operate as a bar for contesting re­elections", observed the bench.