BENGALURU: Three days after submitting his resignation to Speaker K R Ramesh Kumar, Umesh Jadhav joined the BJP during PM Modi’s rally in Kalaburagi on Wednesday. His resignation is yet to be accepted, while the petition seeking his disqualification too is pending before the Speaker, raising concerns if that will come in the way of his plans to contest Lok Sabha elections.
However, legal experts and a former Speaker say that the disqualification petition will not come in the way of Jadhav’s plans to contest the polls. Jadhav is likely to contest from Kalaburagi against Congress leader Mallikarjun Kharge.
“There are only two conditions for the Speaker to accept the resignation. It has to be genuine and voluntary. Once the Speaker ascertains the facts, he is bound to accept the resignation. After that the question of disqualification doesn’t arise,” a former speaker and a Congress leader said. He said if the Speaker fails to take a decision, the member can approach the court.
According to former Advocate General Ashok Haranahalli, even if the member is disqualified from the assembly it will not come in the way of contesting Parliamentary elections. A person who is disqualified from the assembly can contest for another House. “Anti-defection law is in respect of the House to which you are elected and it will not prevent him from contesting elections. It is only meant for preventing a person from resigning from the party and thereafter continue as a legislator.” Even if the plea is pending, he can contest polls for another House, he said.
“Once the resignation is tendered, the Speaker has to accept it. Once his resignation is accepted he ceases to be a MLA and once that is done the disqualification application will not survive,” said former Advocate General B V Acharya. He too said Jadhav can contest parliamentary polls.