Karnataka HC adjourns hearing on MLAs’ petitions

PTI

Bangalore, 20 October 2010: The Karnataka High Court has adjourned till Thursday hearing on petitions filed by 11 rebel BJP MLAs challenging their disqualification from the state Assembly. A single-member bench of Justice V G Sabhahith heard arguments of the advocates of the disqualified MLAs through the entire day before adjourning the court for tomorrow.

 

The advocates argued that the disqualification on the basis of mere withdrawal of support to Chief Minister B S Yeddyurappa’s government was wrong. Meanwhile, the ruling BJP, which is trying hard to hold its shaky government together, is getting ready for a long legal battle in the court. The case came up before Justice V G Sabhahith after the court delivered a split verdict two days ago on the petitions.

 

Chief Justice J S Khehar and Justice N Kumar had differed on the provisions of Para 2 (1) (a) of the 10th Schedule of the Constitution that deals with disqualification of members of a Legislature, after which they referred the matter to a "third judge." Justice Khehar upheld Speaker K G Bopaiah’s order disqualifying the MLAs but Justice Kumar set it aside in their 166-page order.

 

 

The MLAs had said in their individual letters to the Governor that they were disillusioned with the functioning of the B S Yeddyurappa government, expressed lack of confidence in it and withdrew their support to it. The 11 MLAs and five independents were disqualified by the Speaker on the night of Oct 10, a day before the trust vote sought by Chief Minister B S Yeddyurappa.

 

The Speaker had carried out the confidence motion by a voice vote but the Governor H R Bhardwaj had called it unconstitutional and recommended President’s rule. However, the Governor then decided to give a second opportunity to Yeddyurappa to prove his majority in the House on October 14. The Government won the vote of confidence with 106 MLAs voting for it and 100 others against.

 

The petition by five independent MLAs would be decided by a new division bench on November 2. The court had said earlier that the October 14 trust vote was subject to its verdict on the petitions by independents. Meanwhile, in a new twist to the political crisis in the state with south India’s only BJP government, Congress MLA S V Ramachandra, resigned from the Assembly on Tuesday.

 

The opposition is upset with its numbers going down - the Congress is accusing Chief Minister B S Yeddyurappa of indulging in horse trading after Ramachandra’s resignation. A JD(S) MLA had also resigned two days ago. Now the Opposition has been reduced to 99 compared to 107 BJP MLAs in the present 208-member House.

 

Congress leaders staged a protest in front of Chief Minister Yeddyurappa’s house, accusing the ruling BJP of indulging in poaching and also courted arrest. Meanwhile, the Speaker’s office evaded a response on the issue of Ramachandra’s resignation. The opposition Congress and JD(s) have alleged that the BJP is indulging in horse-trading.

 

The BJP in Karnataka announced plans to stage a demonstration on Thursday in front of a private resort where 11 rebel disqualified party MLAs are being sheltered by JDS. BJP activists led by MLA Vijayakumar also held a demonstration in front of Siddaramaiah’s official residence earlier in the day demanding release of the 11 MLAs.

 

"Congress and JDS have held our MLAs as hostages. We will stage a demonstration in front of the resort tomorrow demanding their release," a group of ministers led by state’s Home Minister R Ashok told reporters here. The 11 BJP MLAs and five Independents, who were also disqualified on October 10, have been camping in the company of JDS men ever since the turmoil in state politics early this month after they announced withdrawal of support to the B S Yeddyurappa government.