The Karnataka High Court on Monday allowed the applications filed by five independent MLAs, seeking to implead Speaker K.G. Bopaiah and Chief Minister B.S. Yeddyurappa, in the case challenging their disqualification from the Assembly membership.
The orders were pronounced by the bench, comprising Justice Mohan Shantanagoudar, Justice S. Abdul Nazeer and Justice A.S. Bopanna, which also allowed the independents to amend their petition and application for additional grounds.
The Court ordered the counsel for petitioners to file the consolidated petition by Tuesday and the other side to file objections by November 22 and posted final hearing to November 29.
The independents, in their application, had prayed to amend the petition to replace the sentence “the petitioners had never left the Bharatiya Janata Party” with “the petitioners had not joined the BJP at all”, contending that the original sentence was an “inadvertent mistake”.
The court’s pronouncement making them a party in the case is perceived as a setback for Mr. Bopaiah and Mr. Yeddyurappa, who had filed an affidavit and objections, respectively, on Friday last.
In the affidavit, the Speaker had defended his action disqualifying the MLAs, saying he had only exercised the powers vested in him under the Tenth Schedule of the Constitution and that his actions were protected from the judicial scrutiny under Article 212 of the Constitution.
Mr. Bopaiah had contended that as per para 6 (2) of the Tenth Schedule, all proceedings about disqualification of a member shall be deemed to be proceedings in the Legislature of the State within the meaning of Article 212 and under para 6 (1) of the Tenth Schedule the order of the Speaker was final.
Despite this, he said, he had filed the affidavit because of his utmost respect to the Court, “without in any way waiving any of the protection granted to me by the Constitution of India“.
Mr. Yeddyurappa, in his objections, had opposed the independent MLAs plea for impleading him in the case, contending that “reckless allegations” were made against him only to politicise the issue and scandalise him.
He denied allegation of mala fide, fraud and collusion.
The Chief Minister had said the application seeking to implead him was not maintainable and had prayed for its rejection as well as striking off the allegations made against him.
