High court split on BJP MLAs case
The Karnataka high court on Monday, probably in its first verdict on the “anti-defection law”, witnessed a split decision on an issue that could have decided the future of the first-ever BJP government in South India.
A division bench comprising Chief Justice J.S. Khehar and Justice N. Kumar, who had reserved orders on the plea by 11 disqualified BJP MLAs challenging the orders of the Assembly Speaker, expressed a difference of opinion on whether the conduct of 11 Bharatiya Janata Party MLAs amounted to disqualification, based on the application of paragraph 2(1)(a) of the Tenth Schedule of the Constitution of India. Chief Justice J.S. Khehar has upheld the orders of the Speaker whereas Justice N. Kumar has set aside the order of the Speaker by ruling that is in violation of the constitutional mandate and cannot be sustained.
However, the two judges have agreed upon three other aspects. Both judges agree that the allegations of mala fide raised against the Speaker are vague and bereft of specific details, and as such cannot be accepted.
They also held in common that the anti-defection rules are procedural in nature and, even if violated, they alone cannot be the grounds for challenge.
“We are unable to hold that the order of the Speaker is in violation of the principles of natural justice,” they ruled.
As the two judges have expressed a difference of opinion on para 2 (1)(a) of the Tenth Schedule, which deals with a member who voluntarily walks out of a party, it has been posted before a third judge to decide on the lone aspect. The matter has been posted before the third judge for October 20.
The matter of the five Independent MLAs has been referred to a new division bench which will hear it on November 2.
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