A full bench of Karnataka High Court on Monday will resume hearing on petitions filed by five independent MLAs challenging their disqualification from the Assembly membership in October under the Anti-Defection Law.
The resumption of hearing comes in the backdrop of SC dismissing a petition by BJP chief whip D N Jeevaraj last month. Jeevraj had challenged the high court order allowing the MLAs’ plea for making Assembly Speaker K G Bopaiah and Chief Minister B S Yeddyurappa as parties in the case.
D Sudhakara, P M Narendraswamy, M Venkataramanappa, Goolihatti Shekar and Shivaraj Tangadagi were disqualified on October 10 by Bopaiah after they, along with 11 BJP MLAs, withdrew support from the Yeddyurappa government.
The 16 MLAs were disqualified on the basis of a complaint filed by Yeddyurappa on October 7. The disqualifications came on the eve of the BJP government seeking a trust vote on the floor of the House.
The five independent MLAs have challenged their disqualification on the grounds that they did not attract the provisions of anti-defection law as they were elected as independents and never joined the BJP.
The HC had upheld the disqualification of the 11 BJP MLAs and their appeal challenging the order is pending before the Supreme Court.
