Karnataka HC upholds disqualification of 11 BJP legislators

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, 2010, the speaker had disqualified 11 rebel MLAs a few hours before the vote of confidence motion moved by the chief minister B S Yeddyurappa.

The third judge of the state high court, Justice V G Sabhahit, who heard the disqualification case after a division bench of the high court headed by chief justice J S Khehar and justice N Kumar had delivered a split verdict on October 18. He had reserved his judgement to October 21.

In his judgement 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.

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 they 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 independents were also disqualified on the same grounds after the speaker served a show-cause notice on October 8.

They will be given time till October 10 to explain why they should not be disqualified for indulging in anti-party activities.

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 independents are Shivaraj S Tangadagi, Venkataramanappa, P M Narendra Swamy, D Sudhakar and Gulihatti Shekar.

On the directions of the governor, Yeddyurappa, however, won the confidence of motion twice on the floor of the assembly.

The first time on October 11 by voice vote amidst bedlam and again on October 14 by a division of votes with 106 votes in favour and 100 votes against the motion in a reduced house of 209 members, including one nominated and two legislators abstaining from the special sessions.