Though the Karnataka high court verdict on the 11 BJP rebel MLAs petition is awaited with anxiety in the political circle after the court made Thursday’s trust vote by the B.S. Yeddyurappa government subject to its ruling, the 2004 disqualification of six Haryana legislators makes an interesting case for study for the stakeholders as the Supreme Court had upheld the Speaker’s decision two years later.
The Supreme Court in its December 13, 2006 judgment had upheld the then Haryana Assembly Speaker Satbir Singh Kadiyan’s June 25, 2004 order disqualifying the two MLAs of RPI and NCP and four Independents for switching loyalty in favour of the Congress.
Though the Supreme Court pronounced its verdict on the petitions of the six legislators after the Haryana Assembly had been dissolved and fresh election ordered, the top court made it explicit that they would “lose all the privileges” available to ex-MLAs, including the pension and other related benefit as they stood “expelled” from the House under the anti-defection law.
The expelled MLAs, Karan Singh Dalal and Jagjit Singh Sangwana, elected on the tickets of RPI and NCP respectively, had joined the Congress after the election and Independents Jai Prakash Gupta, Bhim Sen Mehta, Rajinder Singh Bisla and Dev Raj Diwan had also changed their loyalty in favour of Congress on the eve of June 2004 Rajya Sabha elections.
While their petitions was pending, the Supreme Court in an interim order had even barred them from casting their votes in the Rajya Sabha elections as well in the Vidhan Sabha on any legislative business but allowed them to take part in its proceedings and draw salary and allowances till the final judgment.
Interestingly, senior advocate and former Attorney-General Soli Sorabjee, who argued the case of Karnataka government last week before the state high court, had appeared for the disqualified Haryana MLAs at that time in the Supreme Court.
The crucial evidence examined by the Supreme Court to arrive at its decision, were the statements given by the six Haryana MLAs before TV cameras about the changing of their loyalty.