The Karnataka High Court today upheld the disqualification of 11 ruling Bharatiya Janata Party (BJP) legislators by State Legislative Assembly Speaker K G Bopaiah.
On October 11, the Speaker had disqualified 11 rebel MLAs a few hours before the vote of confidence motion moved by Chief Minister B S Yeddyurappa.
Justice V G Sabhahit is the third judge who heard the disqualification case after a bench of Chief Justice J S Khehar and Justice N Kumar had delivered a split verdict on October 18. Justice Sabhahit had reserved his judgment on October 21.
In his judgment pronounced today, Justice Sabhahit upheld the Speaker’s decision under part 2(1)(a) of the 10th Schedule of the Constitution, pertaining to the Anti-Defection Act.
Talking to reporters outside the court hall, counsel for the government, Satyapal Jain, said: “Justice Sabhahit has concurred and agreed with the opinion of Chief Justice J S Khehar that the conduct of rebel MLAs in writing a letter to the governor, withdrawing their support to the Yeddyurappa government, amounted to leaving the party under para 2(1) (a) of the 10th schedule of the Constitution of India.”
With this, all the rebel BJP MLAs have been disqualified from their membership of the Assembly. Now the order of Justice Sabhahit will go to the chief justice and a formal order will be issued by the high court. Their petition has been dismissed and their disqualification upheld.
“The anti-defection law has been strengthened. It will be a signal to members in any party,” Jain said.
The 11 disqualified legislators are Gopalakrishna Beluru, Anand Asnotikar, Balachandra Jarkiholi, B N Sarvabhouma, Bharamgowda H Kage, Y Sampangi, G N Nanjundaswamy, M V Nagaraju, Shivan Gowda Nayak, H S Shankaralinge Gowda and Bellubbi Sangappa Kalappa.
The Speaker had disqualified the rebel legislators on a petition by the ruling party on October 8 after the latter submitted a letter to Governor H R Bhardwaj on October 6, withdrawing support to the first BJP government in South India and for expressing a lack of confidence in the leadership of Chief Minister B S Yeddyurappa.
Along with the 11 legislators, five independent MLAs were also disqualified on the same grounds, after the Speaker served a showcause notice on October 8.
Of the 11 BJP legislators, Asnotikar and Jarkiholi were ministers along with the five Independents who were also ministers in the 34-member Cabinet.
The disqualification case of the five Independents is scheduled for hearing on November 2 by a new division bench, which is yet to be constituted by the chief justice.
The five are Shivaraj S Tangadagi, Venkataramanappa, P M Narendra Swamy, D Sudhakar and Gulihatti Shekar.
Yeddyurappa, however, won the confidence motion twice on the floor of the assembly. The first time, on October 11, by voice vote amid bedlam and again on October 14 by a division of votes, with 106 in favour and 100 against the motion, in a reduced house of 209 members, including one nominated and two legislators abstaining from the special session.
Hailing the verdict Yeddyurappa said: “The decision of the court has taught rebel MLAs a lesson. It is a major step towards rooting out the menace of defection in the country. It is also a warning bell to those who indulge in defection.”
Balachandra Jarkhiholi, one of the rebel MLAs, said: “We will challenge the high court order in the Supreme Court. We never said we were against the party. Our only demand was the change of leadership.”
