Karnataka HC upholds disqualification of 11 BJP MLAs

BANGALORE: Ending week-long suspense, Justice V G Sabhahit, the third judge, pronounced his verdict on the petition filed by 11 rebel BJP legislators on Friday afternoon.

Justice Sabhahit said that Speaker K G Bopaiah's ruling disqualifying the BJP MLAs was in accordance with Para 2 (1) (a) of the Tenth Schedule of the Constitution.

Justice Sabhahit, whose verdict had a bearing on the future of B S Yeddyurappa government, had heard the rebels' petition challenging their disqualification for close to 11 hours on two consecutive days last week.

The petitioners had challenged their disqualification on October 10, just a day before the first trust vote of the Yeddyurappa government.

The third judge was necessiated as the division bench comprising Chief Justice J S Khehar and Justice N Kumar expressed divergent views on invoking para 2(1)(a) of the Tenth Schedule of the Constitution - pertaining to defection - against these MLAs, based on CM's complaint.

The bench had concurred on three aspects of the case - rules, principles of natural justice and mala fide.

The chief justice had held that by their act of going to the governor along with the five independent MLAs seeking to bring down their own BJP government fully demonstrated that they had voluntarily given up their membership of the party and the speaker's action was in consonance with the explanation contained in the Tenth Schedule.

However, Justice Kumar had observed that it would be an act of dissent only and it cannot be equated with defection.

Source: Times of India