Bringing cheer in the beleaguered Bharatiya Janata Party (BJP) camp, the Karnataka High Court ruled on Wednesday that five disqualified Independent legislators who had revolted against the ruling party cannot take part in the crucial second trust vote on Thursday.
Chief Minister B S Yeddyurappa will have to prove his strength for the second time on the floor of the Assembly on Thursday after the state governor H R Bhadwaj dubbed the last trust vote won by the chief minister on Monday a ?farce? and gave him another opportunity.
The five MLAs were earlier disqualified along with 11 other BJP MLAs by the state assembly Speaker.
A division bench headed by Chief Justice J S Khehar rejected the petitions of the five disqualified Independent MLAs to vote in the Assembly on Thursday.
The court also rejected their request that their vote be kept in a sealed envelope to be counted after the final ruling by the court on their plea seeking quashing of the disqualification by the Speaker.
If the 16 MLAs did not vote, the BJP could survive the trust vote.
Earlier in the day, sensing danger, the BJP in Karnataka issued a whip to all its legislators to vote in favour of the motion of confidence, to be moved by Chief Minister B S Yeddyurappa.
BJP has 106 members in the 224-member House after 16 MLAs? disqualification under the provisions of anti-defection laws by Speaker K G Bopaiah.
The trust vote will be held for the second time in a span of four days after Governor H R Bhardwaj asked the Chief Minister to seek a fresh mandate on the floor of the House to save his 28-month-old coalition Government.
Amid high drama and chaos, B S Yeddyurappa on Monday won a vote of confidence in the Assembly but the voting triggered controversy and pitted the Governor against the party in an open war.