HC resumes hearing on rebel MLAs' petitions

A division bench had delivered a split verdict

PTI | October 21, 2010



Karnataka High Court today resumed hearing on the petitions by 11 rebel BJP MLAs challenging their disqualification from the Assembly by Speaker K G Bopaiah after their withdrawal of support to the B S Yeddyurappa Government.

After inconclusive arguments, Justice V G Sabhahith had yesterday adjourned hearing on the petitions by the MLAs, who contended that the Speaker's October 10 order was "vitiated" and "perverse" and their action withdrawing support did not attract relevant provisions of the anti-defection law.

The Judge is hearing the petitions after a division bench delivered a split verdict with Chief Justice J S Khehar upholding the Speaker's order and Justice N Kumar setting it aside.

 The 11 MLAs and five independents were disqualified by the Speaker a day before the trust vote sought by Yeddyurappa, heading the BJP's first ever government in the south.

The first confidence motion, carried by a voice vote, was declared unconstitutional by Governor H R Bhardwaj who initially recommended imposition of President's rule but later asked the Chief Minister to seek a fresh trust vote, which he did on October 14.

The petition by five independent MLAs would be decided by a new division bench on November 2. The court had said earlier that the October 14 trust vote was subject to its verdict on the petitions by independents.
 

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