A H Vishwanath Disqualified; Disqualification To Be Considered While Nominating Him As Minister : Karnataka High Court
4 years ago

A H Vishwanath Disqualified; Disqualification To Be Considered While Nominating Him As Minister : Karnataka High Court

Live Law  

The Karnataka High Court on Monday held a prima facie view that Member of Legislative Council A.H. Vishwanath, has incurred disqualification under Article 164 and Article 361 of the Constitution of India, till the expiry of the term of the Legislative Council-May 2021, while two other nominees R. Shankar, and N. Nagaraj have not. A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty while hearing on a batch of petition seeking to restrain the Chief Minister and Governor from affirming oath to them into the Council of Ministers said "It is not prima facie established that R Shankar and N Nagaraj have been disqualified under Article 164 and 361. The bench said "Honourable Chief Minister, while making recommendation to Honourable Governor on nominating Ministers will have to take into consideration the issue of disqualification incurred by A H Vishwanath. Advocate Prashant Bhushan appearing for petitioner Harisha A.S had alleged that the three respondents are 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 byelections in their respective Assembly constituencies, after their disqualification.

Assembly Disqualification Minister Shankar Nagaraj R Shankar Karnataka H H Vishwanath  court  minister  legislative  considered  disqualification  shankar  nagaraj  disqualified  article  ministers  karnataka  h  vishwanath  nominating  assembly  high

History of this topic

SC refuses to entertain Congress' plea against non-disqualification of its 8 MLAs by speaker
1 week, 4 days ago

SC refuses to entertain Congress' plea against non-disqualification of its 8 MLAs by speaker

Deccan Chronicle  

New Delhi: The Supreme Court on Friday refused to entertain a plea challenging the decision of the Goa assembly speaker to reject the disqualification petition of the Congress against eight of its MLAs who defected to the ruling BJP. A bench comprising Chief Justice Sanjiv Khanna and Sanjay Kumar asked Congress leader Girish Chodankar, who filed the plea in the …

Bill introduced to stop pension of MLAs disqualified for defection
3 months, 2 weeks ago

Bill introduced to stop pension of MLAs disqualified for defection

Hindustan Times  

A bill was introduced in the Himachal Pradesh Assembly on Tuesday proposing to stop the pensions of members disqualified under the anti-defection law. Himachal CM Sukhvinder Singh Sukhu The Himachal Pradesh Legislative Assembly Amendment Bill 2024 was introduced by chief minister Sukhvinder Singh Sukhu. Six Congress MLAs -- Sudhir Sharma, Ravi Thakur, Rajinder Rana, Inder Dutt Lakhanpal, Chetanya Sharma and …

Speaker Pramila Mallik disqualifies MLAs Dhali, Nayak for defection
8 months, 1 week ago

Speaker Pramila Mallik disqualifies MLAs Dhali, Nayak for defection

New Indian Express  

BHUBANESWAR: Speaker Pramila Mallik has disqualified two sitting MLAs, former minister Arabinda Dhali and Premananda Nayak, who recently joined BJP after resigning from BJD, as members of the Assembly. The Speaker in separate orders issued for the MLAs said Dhali, an elected member of the Jayadev Assembly constituency, and Nayak, an elected member of the Telkoi Assembly constituency, have incurred …

SC refuses to stay disqualification of 6 rebel Himachal Congress MLAs who cross-voted during RS polls
9 months ago

SC refuses to stay disqualification of 6 rebel Himachal Congress MLAs who cross-voted during RS polls

Op India  

The Supreme Court on Monday refused to stay the disqualification of six Congress leaders of Himachal Pradesh who had cross-voted for the BJP candidate during the Rajya Sabha elections in the State and issued notice to the respondents on their petition challenging the decision of the Legislative Assembly Speaker. On February 29, Speaker Kuldeep Singh Pathania disqualified six Congress MLAs …

Six disqualified Himachal MLAs move Supreme Court against Speaker’s disqualification order
9 months, 2 weeks ago

Six disqualified Himachal MLAs move Supreme Court against Speaker’s disqualification order

The Hindu  

Six Congress MLAs, who were disqualified after they cross-voted in the recent Rajya Sabha polls in Himachal Pradesh, moved the Supreme Court on March 5 against their disqualification. These Congress rebels, who had voted in favour of BJP nominee Harsh Mahajan in the Rajya Sabha polls on February 27, later abstained from voting on the Budget, defying a party whip. …

Himachal Pradesh political crisis | Six Congress MLAs, who cross-voted in BJP’s favour, disqualified
9 months, 3 weeks ago

Himachal Pradesh political crisis | Six Congress MLAs, who cross-voted in BJP’s favour, disqualified

The Hindu  

Amid the ongoing political turmoil in Himachal Pradesh, six Congress legislators, who had cross-voted in favour of the BJP in the Rajya Sabha polls on February 27, were disqualified from the Assembly by Speaker Kuldeep Singh Pathania on Thursday. Amid talk of leadership change because of growing complaints against Mr. Sukhu’s style of functioning by MLAs, the Chief Minister invited …

Ex-minister disqualified from Assembly after his conviction in bank scam
11 months, 4 weeks ago

Ex-minister disqualified from Assembly after his conviction in bank scam

Hindustan Times  

Mumbai: A day after Sunil Kedar, Congress’s five-term MLA from Saoner in Vidarbha’s Nagpur district, was convicted for five years in the ₹125 crore Nagpur District Central Cooperative Bank scam, the state legislature disqualified him from the lower house on Saturday. HT Image The notification disqualifying Kedar was issued by state legislature secretary Jitendra Bhole as per provisions in article …

Maharashtra Congress MLA Sunil Kedar disqualified after conviction in bank scam
11 months, 4 weeks ago

Maharashtra Congress MLA Sunil Kedar disqualified after conviction in bank scam

Hindustan Times  

The Maharashtra state legislature disqualified Congress MLA Sunil Kedar on Saturday, a day after he was convicted for five years for the ₹125 crore financial irregularities in Nagpur District Central Cooperative Bank in 2002. Sunil Kedar The notification was issued by the state legislature secretary Jitendra Bhole on Saturday as per the provisions in Article 191 of the Constitution of …

Welcome assertion: The Hindu Editorial on the defection issue and the Supreme Court’s deadline for the Maharashtra Speaker
1 year, 1 month ago

Welcome assertion: The Hindu Editorial on the defection issue and the Supreme Court’s deadline for the Maharashtra Speaker

The Hindu  

November 01, 2023 12:20 am | Updated 12:20 am IST It is a welcome sign of judicial assertion that the Supreme Court of India has fixed a deadline for the Maharashtra Assembly Speaker to adjudicate on petitions seeking the disqualification of members who had broken away from the leadership of the Shiv Sena and the Nationalist Congress Party. It is …

Disqualification of MLAs: Sanjay Raut slams Maharashtra Speaker over delay, says 'Behaving like someone...'
1 year, 2 months ago

Disqualification of MLAs: Sanjay Raut slams Maharashtra Speaker over delay, says 'Behaving like someone...'

India TV News  

A day after the Supreme Court rapped Maharashtra assembly Speaker Rahul Narwekar over the delay in taking a decision on the disqualification pleas of Maharashtra Chief Minister Eknath Shinde faction MLAs, Shiv Sena leader Sanjay Raut on Saturday slammed the speaker and alleged that he is behaving like someone who gives refuge to a murderer to encourage the latter to …

Speaker’s decision on disqualification of CM Shinde, Sena MLAs in three months
1 year, 2 months ago

Speaker’s decision on disqualification of CM Shinde, Sena MLAs in three months

Hindustan Times  

Mumbai: Maharashtra assembly speaker Rahul Narwekar’s decision on the disqualification petition against CM Eknath Shinde and other Shiv Sena MLAs from both factions is likely to be delivered by the end of the year or early next year. “The order will clear all ambiguities about the time frame, when the verdict is expected and whether it will be an individual …

The disqualification riddle
1 year, 2 months ago

The disqualification riddle

Hindustan Times  

With the Supreme Court issuing a directive to Maharashtra Assembly Speaker Rahul Narwekar on conducting the hearing on disqualification petition against chief minister Eknath Shinde and his MLAs, there is a sense of uncertainty in the Shinde-led Shiv Sena and also the Ajit Pawar-led faction of the NCP. Not just that, Sharad Pawar faction of NCP may also approach the …

SC raps Maha Speaker for ’sitting on disqualification pleas’ of Shiv Sena MLAs
1 year, 3 months ago

SC raps Maha Speaker for ’sitting on disqualification pleas’ of Shiv Sena MLAs

Live Mint  

The Supreme Court of India on Monday rebuked the Maharashtra Assembly Speaker for 'sitting on disqualification pleas' of Maharashtra Chief Minister Eknath Shinde, and other 56 Shiv Sena rebel MLAs. “Speaker has to honour dignity of Supreme Court”, said CJI DY Chandrachud over the delay in deciding pleas for disqualification of Shiv Sena MLAs. The Uddhav Thackeray faction of Shiv …

Hassan JDS MP Prajwal Revanna Disqualified Over False Details in Affidavit
1 year, 3 months ago

Hassan JDS MP Prajwal Revanna Disqualified Over False Details in Affidavit

Deccan Chronicle  

BENGALURU: The lone Lok Sabha member of Janata Dal Secular Prajwal Revanna, grandson of former Prime Minister H.D. It may be recalled here defeated Bharatiya Janata Party nominee A. Manju and advocate of Hassan Devaraje Gowda petitioned the High Court seeking disqualification of JDS Lok Sabha member alleging corrupt practices in the 2019 Lok Sabha election of Hassan Lok Sabha …

Maharashtra Speaker Issues Disqualification Notices to 54 MLAs, Including CM
1 year, 5 months ago

Maharashtra Speaker Issues Disqualification Notices to 54 MLAs, Including CM

Deccan Chronicle  

Mumbai: Maharashtra Legislative Assembly Speaker Rahul Narwekar on Saturday said notices have been issued to 40 MLAs of Chief Minister Eknath Shinde-led Shiv Sena and 14 of the Uddhav Thackeray faction, seeking their replies on disqualification petitions against them.These legislators have been given seven days to file their reply, he said. The notices have been issued against a total of …

Notices Seeking Reply on Disqualification Issued to 40 MLAs of Shinde-led Sena, 14 of Uddhav Camp: Assembly Speaker
1 year, 5 months ago

Notices Seeking Reply on Disqualification Issued to 40 MLAs of Shinde-led Sena, 14 of Uddhav Camp: Assembly Speaker

News 18  

Maharashtra Legislative Assembly Speaker Rahul Narwekar on Saturday said notices have been issued to 40 MLAs of Chief Minister Eknath Shinde-led Shiv Sena and 14 of the Uddhav Thackeray faction, seeking their replies on disqualification petitions against them. “Notice seeking replies on disqualification issued to 40 MLA of Eknath Shinde-Shiv Sena faction, 14 of Uddhav Thackeray faction,” Narwekar told PTI. …

Ajit Pawar will replace Shinde, 16 MLAs of CM to be disqualified soon: Sanjay Raut
1 year, 5 months ago

Ajit Pawar will replace Shinde, 16 MLAs of CM to be disqualified soon: Sanjay Raut

India Today  

The Uddhav Thackeray-led Shiv Sena on Monday claimed that Nationalist Congress Party leader Ajit Pawar, who was sworn in as the deputy chief minister of Maharashtra on Sunday, would replace Eknath Shinde as the Maharashtra chief minister soon. Eknath Shinde and the 16 MLAs are going to be disqualified" pic.twitter.com/R0YI0MwQwR — ANI July 3, 2023 "The BJP is breaking the …

Remove Governor R.N. Ravi from his post, says Thirumavalavan
1 year, 5 months ago

Remove Governor R.N. Ravi from his post, says Thirumavalavan

The Hindu  

Viduthalai Chiruthaigal Katchi founder Thol. Ravi from the post of Governor for ‘brazenly’ acting against the Constitution, after he announced that he was dismissing Minister without portfolio, V. Senthilbalaji, before keeping the decision in abeyance. In a statement, Mr. Thirumavalavan said according to Article 164 of the Constitution of India only the Chief Minister has been given the right to …

'Will not succumb to pressure while deciding on disqualification of Shiv Sena MLAs'
1 year, 7 months ago

'Will not succumb to pressure while deciding on disqualification of Shiv Sena MLAs'

Deccan Chronicle  

MUMBAI: Maharashtra Assembly Speaker Rahul Narwekar on Friday asserted he will not succumb to any pressure while deciding on the disqualification of 16 MLAs of the ruling Shiv Sena and said whatever time is required to complete the process will be taken, comments coming a day after the Supreme Court gave its verdict on the 2022 political crisis in the …

Post-SC verdict, all eyes on Maharashtra Speaker Narwekar
1 year, 7 months ago

Post-SC verdict, all eyes on Maharashtra Speaker Narwekar

The Hindu  

With the Supreme Court on May 11 ruling in the Maharashtra political row case that “the Speaker must decide on the disqualification petitions within a reasonable period,” all eyes are now on Speaker Rahul Narwekar. The five-judge Bench of the Supreme Court on May 11 did not decide on the disqualification petitions filed by former Chief Minister Uddhav Thackeray and …

'Only Speaker Can Take Call on MLAs' Disqualification, Shinde Govt Stable': Rahul Narwekar Ahead of SC Judgment
1 year, 7 months ago

'Only Speaker Can Take Call on MLAs' Disqualification, Shinde Govt Stable': Rahul Narwekar Ahead of SC Judgment

News 18  

The political cauldron is simmering in Maharashtra once again with the Supreme Court set to decide on the Sena vs Sena battle on Thursday. Therefore, to maintain constitutional discipline, I am sure the court won’t intervene in the decision-making powers of the Speaker.” The Uddhav Thackeray faction of the Shiv Sena had filed a disqualification plea against 16 MLAs, including …

Rahul Gandhi’s disqualification as Lok Sabha MP enters day 2: Top developments
1 year, 8 months ago

Rahul Gandhi’s disqualification as Lok Sabha MP enters day 2: Top developments

Live Mint  

Rahul Gandhi, representing Wayanad parliamentary constituency in Kerala, was on Friday disqualified from the Lok Sabha, a day after his conviction in a defamation case by a court in Surat in Gujarat. Rahul Gandhi's disqualification as MP: Day 2 Congress leaders will step up their protest against the Centre on Monday over the Adani issue and disqualification of Rahul Gandhi …

Lalu Yadav to Azam Khan: Rahul Gandhi Joins List of Disqualified MPs and MLAs
1 year, 9 months ago

Lalu Yadav to Azam Khan: Rahul Gandhi Joins List of Disqualified MPs and MLAs

The Quint  

Here are some other popular leaders who have faced similar consequences in the past: 1. Lalu Prasad Yadav: President of the Rashtriya Lok Dal and former Bihar Chief Minister Lalu Prasad Yadav was disqualified from the Lok Sabha after his conviction in the multi-crore fodder scam in 2013. J Jayalalithaa: In 2014, former Tamil Nadu Chief Minister Jayalalithaa became the …

Does Rahul Gandhi stand disqualified as an MP following his conviction?
1 year, 9 months ago

Does Rahul Gandhi stand disqualified as an MP following his conviction?

The Hindu  

Congress leader Rahul Gandhi’s conviction and sentencing in a 2019 defamation case by a court in Gujarat has put a question mark over his continuation as a Lok Sabha MP. Quereshi, since the court has suspended the sentence and not the conviction, the disqualification according to the RP Act and its interpretation by the Supreme Court in the Lily Thomas …

RLD chief demands decision on disqualification of convicted BJP MLA
2 years, 1 month ago

RLD chief demands decision on disqualification of convicted BJP MLA

The Hindu  

Raising concerns over a different interpretation of the law for members of the ruling party and Opposition, the Rashtriya Lok Dal chief Jayant Singh on Tuesday wrote a letter to the Uttar Pradesh Assembly Speaker Satish Mahana. Mr. Singh said that while senior Samajwadi Party leader Azam Khan was almost immediately disqualified from the Assembly under the Representation of People …

Explained | The office of the Governor: its origins, powers, and controversies
2 years, 3 months ago

Explained | The office of the Governor: its origins, powers, and controversies

The Hindu  

September 21, 2022 11:31 am | Updated January 11, 2023 01:49 pm IST Watch | What are the powers of a Governor and Lieutenant Governor? Article 143 of the draft Constitution states that the Council of Ministers of a State with the Chief Minister as the head should “aid and advise” the Governor in carrying out his functions, “except in …

Jharkhand governor Ramesh Bais reaches Delhi amid political crisis in state
2 years, 3 months ago

Jharkhand governor Ramesh Bais reaches Delhi amid political crisis in state

Firstpost  

The CM’s office released a statement on Thursday after speculation that the ECI has sent a report to the state governor about chief minister Hemant Soren’s disqualification Ranchi: Jharkhand Governor Ramesh Bais reached New Delhi on Friday amid political jostling in the state and the demand of MLAs of the ruling alliance that he should clear the air on the …

Jharkhand governor likely to send Soren\'s disqualification order to EC today
2 years, 3 months ago

Jharkhand governor likely to send Soren\'s disqualification order to EC today

Deccan Chronicle  

Ranchi: Jharkhand Governor Ramesh Bais is likely to send the order of disqualification of Chief Minister Hemant Soren as an MLA to the Election Commission of India on Saturday, Raj Bhavan sources said. Members of the state's ruling coalition will gather for the third round of meeting in the morning at the chief minister's residence in the midst of intense …

J’khand Guv to take call on CM Soren’s ‘disqualification’ as MLA on 27 August
2 years, 3 months ago

J’khand Guv to take call on CM Soren’s ‘disqualification’ as MLA on 27 August

Live Mint  

Amid a political crisis situation in Jharkhand, the Election Commission of India has recommended to Jharkhand Governor Ramesh Bais that Jharkhand Mukti Morcha leader and the state's chief minister Hemant Soren be disqualified as a Member of the Legislative Assembly. News agency ANI, reported that Governor Ramesh Bais is likely to send his recommendation, tomorrow, to ECI to disqualify Jharkhand …

EC recommends disqualification of Jharkhand CM Hemant Soren
2 years, 3 months ago

EC recommends disqualification of Jharkhand CM Hemant Soren

Op India  

On Thursday, the Election Commission recommended the disqualification of the Jharkhand Chief Minister Hemant Soren as a member of the State Legislative Assembly. In a report submitted to the governor of Jharkhand, EC recommended that Hemant Soren should be disqualified from the post of MLA. मेरे उपर हेमंत जी ने 36 तरह के केस दर्ज करवाया और आज मुख्यमंत्री के …

Jharkhand CM Hemant Soren disqualification: Governor to take call today
2 years, 3 months ago

Jharkhand CM Hemant Soren disqualification: Governor to take call today

Live Mint  

Jharkhand Governor Ramesh Bias may take a call on Friday on the view of the Election Commission which recommended "disqualification" of Chief Minister of Jharkhand Hemant Soren as a Member of Legislative Assembly for violating electoral norms, the sources at Raj Bhavan said. The Election Commission of India has reportedly told the Governor that the Chief Minister should be "disqualified" …

EC favour’s disqualification of Jharkhand CM Hemant Soren as MLA: Sources
2 years, 3 months ago

EC favour’s disqualification of Jharkhand CM Hemant Soren as MLA: Sources

Live Mint  

The Election Commission of India has told Jharkhand Governor Ramesh Bais that Chief Minister Hemant Soren should be disqualified as an MLA for violating electoral norms, news agency PTI has reported citing Raj Bhavan sources. 'No communication in this regard has been received by the Chief Minister's Office" from either the Election Commission or Governor Ramesh Bais, his secretariat said. …

Jharkhand crisis: Guv to take call on EC's view on disqualification of CM; Soren calls Mahagathbandhan meeting
2 years, 3 months ago

Jharkhand crisis: Guv to take call on EC's view on disqualification of CM; Soren calls Mahagathbandhan meeting

India TV News  

Jharkhand crisis: Jharkhand Governor Ramesh Bais will take a call Friday on the Election Commission’s view on “disqualification” of Chief Minister Hemant Soren as an MLA, amid the rapidly changing political scenario in the state. Here's what Election Commission said The Election Commission sent its opinion to Bais on August 26 on a plea seeking that Soren be disqualified as …

Jharkhand Chief Minister Hemant Soren may face disqualification
2 years, 3 months ago

Jharkhand Chief Minister Hemant Soren may face disqualification

The Hindu  

Hemant Soren's continuation as Jharkhand Chief Minister remained uncertain on Thursday as the Election Commission of India is understood to have conveyed its decision in the office-of-profit allegation against him to Governor Ramesh Bais. While the Governor, who returned from Delhi, did not immediately summon the Chief Minister, State BJP leaders claimed that Mr. Soren's disqualification as an MLA has …

Supreme Court asks the Maharashtra Assembly Speaker to keep the disqualification proceedings of MLAs in abeyance
2 years, 5 months ago

Supreme Court asks the Maharashtra Assembly Speaker to keep the disqualification proceedings of MLAs in abeyance

The Hindu  

Published : Jul 11, 2022 21:38 IST July 11 brought more problems for the already beleaguered Uddhav Thackeray faction of the Shiv Sena. Responding to the news, Atul Londhe, spokesperson of the Congress, said: “Though the Supreme Court today passed the decision on the Shiv Sena MLAs’ disqualification petition, the court’s decision may go against the government after considering the …

No Illegality In Issuing Disqualification Notices To Eknath Shinde & 15 Shiv Sena Rebels : Maharashtra Deputy Speaker To Supreme Court
2 years, 5 months ago

No Illegality In Issuing Disqualification Notices To Eknath Shinde & 15 Shiv Sena Rebels : Maharashtra Deputy Speaker To Supreme Court

Live Law  

Opposing the petitions preferred by rebel Shiv Sena leader Eknath Shinde against the disqualification notices issued by the Deputy Speaker to rebel MLAs for proceedings under the tenth schedule of the Constitution over alleged defection, Maharashtra Deputy Speaker Narhari Sitaram Zirwal has submitted before the Top Court that. Opposing the petitions preferred by rebel Shiv Sena leader Eknath Shinde against …

Is Maha Heading MP Way? Can Rebel MLAs Be Disqualified? What is Role of Speaker, Guv? Experts' Answers
2 years, 5 months ago

Is Maha Heading MP Way? Can Rebel MLAs Be Disqualified? What is Role of Speaker, Guv? Experts' Answers

News 18  

While Shiv Sena’s Eknath Shinde-led rebel camp is expected to have legal experts in the meeting with the MLAs, experts say they will have to prepare for replies and petitions to be filed in the High Court by Team Uddhav Thackeray, pre-empting the Deputy Speaker’s decision on the disqualification. Deputy Speaker of the Maharashtra Assembly Narhari Sitaram Zirwal has served …

'Disqualification Remains If You Are Simply Nominated' : Supreme Court Upholds Karnataka HC Order Holding AH Vishwanath Disqualified
3 years, 10 months ago

'Disqualification Remains If You Are Simply Nominated' : Supreme Court Upholds Karnataka HC Order Holding AH Vishwanath Disqualified

Live Law  

The Supreme Court on Thursday dismissed a plea by Karnataka BJP leader A H Vishwanath against the Karnataka High Court judgement which held that he will continue to remain disqualified under the anti defection law even during his term as a nominated member of the Karnataka legislative council. The bench headed by Chief Justice S. A. Bobde was hearing Vishwanath's …

Disqualification notice to Sachin Pilot, 18 MLAs: What previous judgments, laws say on Speaker's powers
4 years, 5 months ago

Disqualification notice to Sachin Pilot, 18 MLAs: What previous judgments, laws say on Speaker's powers

Firstpost  

The Constitution gives exclusive jurisdiction to the Speaker to rule on disqualifications for defection, and often courts have been very cautious in intervening in such matters The issue of Speakers’ power under the Constitution to entertain pleas seeking disqualification of MLAs has come to the fore again amid the political crisis in Rajasthan where the Assembly speaker has entertained such …

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