HC split on disqualification of karnataka BJP MLAs

The matter will now be heard by the third judge on Oct 20.

The Karnataka High Court was today split on the disqualification of 11 rebel legislators of the Bharatiya Janata Party (BJP) by Speaker K G Bopaiah after judges on a two-member Bench differed on the issue. The case will be heard by a third judge on October 20.

However, on the issue of disqualification of five independent MLAs, the two-member Bench headed by Chief Justice J S Khehar and Justice N Kumar referred the matter to another division Bench for hearing on November 2.

While Chief Justice J S Khehar upheld the disqualification of 11 BJP MLAs by the Speaker, Justice Kumar set aside the Speaker’s order. Justice Khehar said the case of 11 MLAs would be posted before a third judge who would hear it on October 20.

The judges agreed on three points but on the point of the anti-defection law, they disagreed. They agreed that the Speaker followed the rule of natural justice and had no malafide intention. They were also of the same view that the Speaker had followed the rules, but they disagreed on the point of the applicability of the anti-defection law in the disqualification of 11 MLAs.

On the case of five Independent MLAs, the bench said, “we are of the view it should go to some other Bench. We will post it before some other bench”.

The Speaker had disqualified 16 legislators — 11 BJP and 5 Independent —hours before the trust vote on October 11 under the anti-defection law. Amidst pandemonium, he had declared the chief minister’s confidence motion carried by a voice vote, which the Opposition had contested.

Governor H R Bhardwaj called the proceedings unconstitutional and recommended President’s Rule in the state. However, the next day he gave the chief minister another opportunity to prove his majority in the House on October 14, while the high court reserved orders for October 18 in the case of 11 BJP MLAs. The court also ruled that the fate of vote in the House on October 14 would depend on its final verdict in the case.

On October 14, the first BJP government in the south proved its majority in the truncated Assembly, with 106 MLAs voting for it and 100 against.