The disqualified MLAs, Ramesh Jarkiholi, Mahesh Kumathalli and R. Shankar, have decided to approach the Supreme Court challenging the Speaker’s decision.
Balachandra Jarkiholi, BJP MLA from Arabhavi and the younger brother of Ramesh Jarkiholi, confirmed this here on Friday.
“We are confident of getting justice in the Supreme Court. My brother is facing the same challenge that I faced in 2010. We will face this challenge successfully. I am confident that the disqualification will be set aside,” Mr. Balachandra Jarkiholi said.
BJP sources said that Mr. Balachandra Jarkiholi’s experience in facing his disqualification case will come in handy in managing affairs in New Delhi.
“In 2010, then Speaker K.G. Bopaiah disqualified 11 BJP legislators and five Independents. The High Court of Karnataka upheld his decision, but the Supreme Court overturned it. As the process took nearly a year, Mr. Balachandra Jarkiholi has gained valuable experience. He is well acquainted with lawyers and well versed with the process of preparing documents for the case. He has been helping the rebel MLAs since the resignation of his brother Ramesh Jarkiholi in the last week of June,” a BJP leader said.
Two earlier cases, one by 14 MLAs who resigned and another by Independent MLA H. Nagesh and KPJP leader R. Shankar, are pending in the Supreme Court. Even in these cases, Mr. Balachandra Jarkiholi helped the other MLAs, a BJP office-bearer said.
Within hours of the Speaker’s decision to disqualify three MLAs, the Jarkiholi brothers, Ramesh and Balachandra, and Mahesh Kumathalli boarded a flight to Mumbai. They held a meeting with a battery of lawyers in Mumbai for nearly five hours, BJP sources said.
BJP leaders maintain that the disqualified MLAs will argue that the Speaker has violated the direction of the Supreme Court about status quo . “The court had asked him to maintain status quo . It means that their position should be maintained as it is and they should not be disqualified. But he did not follow those orders. That will be our main point,” a BJP leader involved in the process said.
Supreme Court lawyers have advised the rebel MLAs to remain absent in the vote of confidence that B.S. Yediyurappa will seek in the coming days. They are presumed to be protected by the Supreme Court’s first order that they will not be forced to attend the Assembly, the BJP leader said.
