HC reserves judgement on petition by five Independent Karnataka MLAs

February 01, 2011 04:45 pm | Updated November 17, 2021 05:29 am IST - Bangalore

A file picture of Karnataka High Court in Bangalore. Photo: G. P. Sampath Kumar.

A file picture of Karnataka High Court in Bangalore. Photo: G. P. Sampath Kumar.

The Karnataka High Court today reserved its judgement on the writ petition filed by the five Independent MLAs who had challenged Assembly Speaker K G Bopaiah’s order disqualifying them under the Anti-Defection Law.

A full bench, comprising Justices Mohan Shanthanagoudar, Abdul Nazeer and A S Bopanna, reserved its orders after concluding the hearing from both parties.

P M Narendraswamy, Gulihatti D Shekhar, D Sudhakar, Shivaraj S Thangadagi and Venkataramanappa were disqualified by Mr. Bopaiah on October 10, a day before Chief Minister B S Yeddyurappa sought the vote of confidence, which he won.

The five legislators, along with 11 BJP rebel MLAs, had earlier withdrawn support to the Yeddyurappa government by submitting a letter to Governor H R Bhardwaj.

The Speaker had passed the composite order on separate writ petitions by two BJP MLAs C T Ravi and D N Jeevaraj, who is also the Chief Whip of BJP legislature party, and one voter each from five Assembly constituencies represented by the five MLAs, seeking their disqualification.

The complaint seeking disqualification of five independents and 11 BJP rebel MLAs was filed before the Speaker a day after they submitted their letter to the Governor withdrawing their support to the Yeddyurappa government.

In a split verdict, the High Court had earlier upheld the disqualification of 11 BJP rebel MLAs.

S Vijayashankar, Counsel for Mr. Bopaiah earlier submitted in two sealed cover documents pertaining to the order passed by the Speaker disqualifying the MLAs with a pleading that it was meant only for the court’s perusal and not for the petitioners.

On January 27, the court had called for records of the Speaker on disqualification issue.

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