K'taka HC split on MLAs' disqualification

Chief justice of the high court upholds disqualification

PTI | October 18, 2010



In a new turn to political developments in Karnataka, the state High Court was split on the disqualification of 11 BJP MLAs by the Speaker and the issue will now now be heard by a third judge on Oct 20.

However, on the issue of disqualification of 5 Independent MLAs, the two-member bench of the court referred the matter to a division bench which will hear it on Nov 2.

While Chief Justice J S Khehar upheld the disqualification of 11 BJP MLAs by Speaker K G Bopaiah, the other judge on the bench N Kumar set aside the Speaker's order.

Justice Khehar said the case of 11 MLAs will be posted before a third judge who will hear it on Oct 20.

On the 5 Independent MLAs case, the bench said "we are of the view it should go to some other bench. We will post it before some other bench."

Late on the night of Oct 10, the Speaker had disqualified 11 BJP MLAs and 5 Independent MLAs under the anti-defection law ahead of the trust vote by Chief Minister B S Yeddyurappa on Oct 11.

Amidst pandemonium, the Speaker had declared the chief minister's confidence motion carried by a voice vote which the Opposition had contested. Governor H R Bhardwaj called the proceedings in unconstitutional and recommended President's rule in the state.

However, the next day he gave the chief minister another opportunity to prove his majority in the House on Oct 14, while the High Court reserved orders for Oct 18 in the case of 11 BJP MLAs. The court also ruled that the fate of vote in the House on Oct 14 will depend on its final verdict in the case.

The first BJP government in the south proved its majority in the truncated Assembly with 106 MLAs voting for it and 100 voting against.

Related report:

K'taka HC to resume hearing on MLAs'disqualification

The Karnataka high court will today resume hearing on a petition filed by five independent MLAs challenging their disqualification from the state assembly.

The court had last week ruled that the outcome of the October 14 trust vote of the B S Yeddyurappa government would be subject to its final decision on this petition.

The high court, which had reserved orders on the petitions filed by 11 rebel BJP MLAs, challenging their disqualification under anti-defection law by assembly speaker K G Bopaiah, had refused interim relief to all the 16 MLAs, who sought a stay on their disqualification.

The petition, filed by the five independent MLAs contending that they cannot be disqualified as they won the election as independents, was posted for hearing today.

They had also filed an advanced application before the court on October 13 on the eve of the chief minister B S Yeddyurappa seeking the second trust vote for an order to allow them to vote in person or to keep their votes in a sealed cover till the court announced its verdict, which was also rejected.

According to sources, the Court is yet to set a date for delivering its verdict on the issue of disqualification of 11 BJP MLAs, over which it has reserved judgement.

It is to be seen whether the court delivers its order on both the petitions today or postpones it further.

The ruling BJP, opposition Congress and JDS have been pinning hopes on the court ruling, which has a bearing on deciding the fate of the B S Yeddyurappa ministry.

The speaker had disqualified 16 MLAs on October 10, a day ahead of the first vote of confidence bringing down the effective strength of the 224-member Assembly to 208.

Though Yeddyurappa won the trust vote by voice vote, governor H R Bhardwaj rejected it as a "farce" and directed him to go in for the second floor test on October 14, which the chief minister managed to win by head court by a margin of 106-100. Two MLAs -- Manappa Vajjal from BJP and M C Ashwath of JD(S) -- were absent which brought down the effective strength of the 224-member Assembly to 206.

The hearing is slated to begin at 1430 hrs.

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