Independents joined BJP: Yeddy counsel

Virtually putting the five Independent disqualified MLAs of Karnataka on the defensive in the Supreme Court, the Yeddyurappa government submitted that all of them had, in fact, joined the BJP and had even been attending its parliamentary party meetings.
Arguing on behalf of chief minister B.S. Yeddyurappa, senior advocate Mukul Rohtagi said that the original petitions of the five Independent MLAs before the Karnataka high court stating that “they had not left the BJP” was not without substance as they, in fact, had joined the party after they were included in the ministry by the CM.
A bench of Justices Altamas Kabir and Cyriac Joseph was hearing arguments on BJP MLA D.N. Jeevaraju’s petition challenging the order of the Karnataka HC allowing the independents to amend their original petition before it by substituting the words that “they had not left the BJP” with “they have not joined the BJP”.
The top court had made it clear that it would confine the hearing to the amendments allowed by the HC and would not go beyond that as the case is still pending before the HC for final decision.
Mr Rohtagi argued that after the Independents were taking part in the parliamentary party meeting of the BJP, it was apparent clear that they had joined the party, otherwise no outsider is allowed to attend the parliamentary party meeting of a political party as it would amount to violation of the anti-defection law itself.
The case of the five independents had thrown three scenarios — first if they joined the BJP and attended its parliamentary party meetings they had violated the anti-defection law, secondly if they attended the BJP parliamentary party meeting as Independents then also they attract action under the anti-defection law and if they left the BJP after joining the party then also they were liable to be disqualified by the Speaker, Mr Rohtagi argued.
Such an argument virtually came as a surprise for the other side and senior advocate P.P. Rao, appearing for them sought time to respond to this and as a result, the hearing was adjourned for next Monday.

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