HC upholds disqualification of Karna rebel MLAs
Bangalore : In a major victory for Chief Minister B S Yeddyurappa, the Karnataka High Court on Friday upheld the disqualification 11 rebel Bharatiya Janata Party (BJP) legislators, who were disqualified by the state Assembly Speaker under the anti-defection law.
The court ruling means the stand of the Yeddyurappa government is vindicated and the BJP government will continue to rule having won two trust votes in the House earlier this month.
“It is a big victory for the government,” said the legal advisor to the CM.
The rebel MLAs might now go to the Supreme Court and challenge the High Court order.
Speaker KG Bopaiah on Oct 10 ordered disqualification of 16 MLAs — 11 of the BJP and five independents – hours before the vote of confidence moved by Chief Minister B S Yeddyurappa to prove his majority.
Justice V G Sabhahit, the third judge who heard the batch of petitions filed by the rebel MLAs challenging their disqualification from assembly membership, gave the verdict Friday.
The case was posted before Justice Sabhahit after a division bench, comprising Chief Justice J S Khehar and Justice N Kumar gave a split verdict.
While Khehar upheld the Speaker’s ruling, Kumar set aside the disqualification order.
After hearing counsels for both parties, Sabhahit had reserved his orders on Oct 21.
The court on Oct 21 rejected the plea of five Independents, who were also disqualified, to allow them to vote during the second motion of confidence moved by Yeddyurappa on Oct 22 or their votes be kept in a sealed cover till the judiciary decided on their petition.
The court declared that the floor test outcome was subject to its final order on the petition by Independent MLAs.
Governor H R Bhardwaj had refused to accept the result of the first trust vote adopted by voice vote and summoned the Assembly on Oct 22, where Yeddyurappa won by a 106-100 votes.
The petition filed by five independents praying for quashing of the Speaker’s order will come up for hearing on Nov 2.