Refer K'taka MLAs issue to Constitution Bench: Sibal

New Delhi: The legal challenge to the disqualification of 17 Karnataka MLAs from the Assembly before the trust vote by the then H D Kumaraswamy government needs to be referred to the Constitution Bench, the Supreme Court was told on Friday.

Senior advocate Kapil Sibal, appearing for the Karnataka Congress, contended that the then Speaker K R Ramesh Kumar exercised his jurisdiction to disqualify the MLAs and his decision cannot be questioned. Sibal, who also appeared for state Congress chief Dinesh Gundu Rao, submitted however that "the matter needs to be referred to a Constitution Bench as it raises matters of grave Constitutional importance". He made his submission before a 3-judge bench, comprising Justices N V Ramana, Sanjeev Khanna and Krishna Murari, which reserved its judgement on the petition filed by the 17 rebel Congress-JD (S) MLAs challenging Ramesh Kumar's decision. Kumaraswamy had resigned after losing a trust vote, which paved the way for the BJP-led government in the state under B S Yediyurappa.

Some of the disqualified MLAs had Wednesday told the apex court that they have an "indefeasible right" to resign as members of the Assembly.