HC dismisses five K'taka MLAs' plea on disqualification

HC dismisses five K’taka MLAs' plea on disqualification

In a shot in the arm for B S Yeddyurappa govt, the K’taka High Court upheld the Speaker's order disqualifying five independent MLAs, who had withdrawn support to the ruling BJP, from the assembly membership on the eve of 11th Oct trust vote which it won.

Dismissing petitions filed by the five MLAs challenging their disqualification by Speaker K G Bopaiah, a full bench of the court on Monday pronounced the verdict which held that the 10^th October order is not in violation of constitutional mandate nor is there any infirmity based on malafides or perversity.

The Speaker had disqualified 16 MLAs -- 11 from BJP and five Independents -- under anti-defection law before Chief Minister B S Yeddyurappa won a vote a confidence on the floor of the Assembly, passing a concurrent order on separate petitions seeking their disqualification.

The petitions had been filed by BJP MLAs C T Ravi and D N Jevaraj and a voter each from five constituencies from where the five were elected.

The bench, comprising Justice Mohan Shantanagoudar, Justice S Abdul Nazeer and Justice A S Bopanna, held that the petitions filed by the five voters are "maintainable".

The five MLAs -- Gulihatti D Shekar, Venkataramanappa, P M Narendraswamy, D Sudhakar and Shivaraj Thangadagi -- prayed for quashing the Speaker's order as "illegal, void and not enforceable" on the ground that they were not BJP members.

But the BJP had maintained that they had joined it and attended its legislature party meetings.

BJP exults in HC decision on disqualification of MLAs

Exulting in High Court decision upholding the Karnataka Assembly Speaker's ruling to disqualify five independent MLAs, the BJP has said it was a victory over the "unholy" alliance of Congress and JD(S).

"The action of honorary Speaker is vindicated by this decision of the High Court. Law has prevailed and justice has been done. This is a victory of sorts against the unholy alliance of the Congress and JD(S) which has miserably failed in destabilising the government," BJP spokesperson Prakash Javadekar said in New Delhi on Monday.

The Karnataka High Court upheld Speaker K G Bopaiah's decision disqualifying five independent MLAs who withdrew support to the BJP government in the state ahead of the 11^th October trust vote which Yeddyurappa won.

The disqualified MLAs had maintained that they were 'Independent' so the anti-defection law did not apply to them but the BJP insisted that they had joined it and attended its legislature party meetings.

Along with these five independents, 11 BJP MLAs had also voted against the Yeddyurappa government. They were also suspended by the Speaker.