The BJP’s minority government of BS Yediyurappa in Karnataka received a fresh lease of life when the Election Commission postponed the notified 15 by-elections to the State Legislative Assembly scheduled to be held from 21 October to 5 December. The results will determine the government’s majority support. Counting of votes will be taken up on 9 December. Till then Yediyurappa can breathe easy. The Congress-Janata Dal (Secular) government of HD Kumaraswamy collapsed in July when the then Speaker of the Assembly, KR Ramesh Kumar, disqualified 17 rebel MLAs belonging to the ruling coalition, paving the way for the BJP, having the support of 105 MLAs in the 225-member Assembly to form government.

It took Yediyurappa more than a month to constitute a semi-cabinet. A full cabinet would be formed only after 10 December and if the BJP wins in at least eight of the 15 constituencies that go to the polls. Results of two of the 17 vacant constituencies, Raja Rajeshwari Nagar and Maski, had been challenged in the Karnataka High Court. By-elections cannot be conducted till the election petitions are disposed of. The Karnataka State Election Commissioner has barred the 15 disqualified MLAs of the Congress and the Janata Dal (S) from contesting the by-elections.

The Speaker’s order was in force in these 15 by-elections and the disqualified MLAs will not be allowed to contest, said the Election Commissioner. The Tenth Schedule of the Constitution, popularly known as the anti-defection law, is not very clear about the extent of power of an ex-Speaker to fix a period of disqualification of MLAs for defying the party whip. The disqualified MLAs have approached the Supreme Court pleading that the former Speaker’s order, just before his resignation, was illegal, arbitrary and a mala fide exercise of power under the Tenth Schedule.

They also questioned his decision to reject their resignation letters by stating they were not voluntary. The Election Commission of India told the Supreme Court that the Assembly Speaker cannot deprive the disqualified Karnataka legislators from contesting byelections. The disqualified legislators argued that barring them from contesting by-elections under the Tenth Schedule was not in consonance with Rules 6 and 7 of the Karnataka Legislative Assembly (Disqualification of Members on Ground of Defection) Rules, 1986. Under Article 190 of the Constitution read with Rule 202 of the Karnataka Legislative Assembly, a member can submit a resignation signed in his own hand and the Speaker has only to satisfy himself about the genuineness and voluntariness of the resignation.

The petitioners contended the Speaker slipped out of his office when they went to the Assembly to tender their resignations on 6 July. Whether the Supreme Court gives a favourable order to the disqualified MLAs or not, Yediyurappa has the onerous task of winning eight of the 15 contests to remain in power beyond 10 December and complete formation of his full cabinet.