The Karnataka High Court today adjourned the hearing on disqualification of five independent legislators of the state assembly to next Friday.
When the case came up for hearing on Monday before the three-member bench of the high court comprising of justice Mohan Shantanagoudar, justice S Abdul Nazeer and justice A S Bopanna, the counsel for chief minister B S Yeddyurappa submitted that the chief minister cannot be impleaded for disqualification of five independents, as the decision was taken by the speaker of the House, K G Bopaiah. The speaker had acted on a petition filed by some voters from the assembly constituencies of the five independent MLAs.
Counsel for Yeddyurappa argued that the chief minister was not a party to the decision of the speaker and so he cannot be questioned in this case.
The speaker had disqualified five independent MLAs — Shivaraj S Thangadagi, D Sudhakar, Gulihatti D Shekhar, Ventakaramanappa and P M Narendraswamy — on October 10 for indulging in anti-party activities and withdrawing support for the Yeddyurappa government.
Two of the voters who had complained to the speaker against the independent MLAs, submitted to the court that they were under pressure to do so. The counsel for chief minister sought time to file objections. The bench adjourned the case for further hearing on November 12.
Challenging their disqualification, the independents had filed a petition contending that they did not attract anti-defection laws as they were independent members of the house and did not win the elections on the BJP’s symbol.
On October 9, some voters from the constituencies of these MLAs had filed a complaint before Bopaiah on the basis of which the Speaker disqualified them the next day. On October 27, they filed another petition contending that the Speaker had erred in disqualifying them on the basis of representations made by these voters.
The High Court has upheld the disqualification of 11 BJP rebel MLAs who had withdrawn support to the Yeddyurappa government. The Yeddyurappa government had won the floor test twice, on October 11 by a voice vote and on October 14 through a division of votes.
