HC hearing independent MLA's petition on disqualification
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A full bench of the Karnataka high court on Tuesday commenced hearing on a batch of petitions by five independent MLAs challenging their disqualification from assembly membership under the anti-defection law.
The bench, comprising Justices Mohan Shantanagouder, S. Abdul Nazeer and A.S. Bopanna was constituted on October 30. The independents had withdrawn their support to the BJP government, following which Assembly Speaker K.G. Bopaiah had disqualified them.
The independents, with whose support BJP formed its first-ever government in the South, have averred in their petition they did not attract anti-defection laws as contended by BJP as they were elected as independents, not on party's symbol.
Rejecting the contention of independents, the BJP has insisted that the independents, inducted into the ministry had become part and parcel of the party as they had attended legislature party meetings and accepted whip in the Rajya Sabha biennial polls.
On October 27, the independents filed another petition challenging Bopaiah's order disqualifying them also on the basis of complaints filed by some voters of their respective assembly constituencies.
In the wake of disqualification of 16 MLAs — 11 from the BJP and five independents —, resignation by two Congress and a JDS member from their Assembly membership, the effective strength of the house has come down to 205.
The ruling BJP has a strength of 106, including the Speaker. It also enjoys support of the lone independent, Varthur Prakash. The Congress has 71 and JDS 27.
The court in its October 21 ruling, while rejecting the plea by independents to allow them to vote in the second trust vote on October 22, had, however, subjected the result of motion of confidence to its final verdict on their petition.
The outcome of the case is unlikely to affect have any bearing on the stability of the B.S. Yeddyurappa government. A third judge, Justice V.G. Sabhahit before whom the matter came up after a split verdict by a division bench, had last week upheld the disqualification of 11 rebel BJP MLAs.
On October 27, the independents filed another petition challenging Bopaiah's order disqualifying them also on the basis of complaints filed by some voters of their respective assembly constituencies.
The court in its October 21 ruling, while rejecting the plea by independents to allow them to vote in the second trust vote on October 22, had, however, subjected the result of motion of confidence to its final verdict on their petition.
With the court upholding disqualification of 11 BJP MLAs, the judgment, either favouring independents or against them is unlikely to have an impact on the stability of the Yeddyurappa government.
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