Speaker takes on the judiciary

Karnataka Assembly speaker K G Bopaiah today submitted in the state high court that his order disqualifying five independent MLAs cannot be called into question as his actions were protected from judicial scrutiny under Article 212 of the Constitution.

In his affidavit in the court following a petition by the MLAs challenging their disqualification, Bopaiah, citing provisions of the anti-defection law, said the Speaker’s order was final in proceedings about disqualification of a member.

Chief Minister B S Yeddyurappa, in a separate submission, opposed the plea of the independent MLAs —Shivaraja Thangadagi, P M Narendraswamy, Gulihatti DShekhar, Venkataramanappa and D Sudhakar — for impleading him in the case.

They were disqualified along with 11 rebel BJP MLAs last month after they withdrew support to the Yeddyurappa Government. The court had upheld the disqualification of the 11 BJP MLAs. Bopaiah contended that as per para 6 (2) of the Tenth Schedule of the Constitution, all proceedings about disqualification of a member shall be deemed to be proceedings in the legislature of the state within the meaning of Article 212 of Constitution and under para 6 (1) of the Tenth Schedule, the order of the Speaker was final.

“As per Article 212 of the Constitution, the validity of any proceedings in the state legislature cannot be called into question on the ground of any alleged irregularity of proceedure and no officer or member of the state legislature, on whom such powers are vested, shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers,” the Speaker submitted.

Bopaiah said while passing the impugned order, he had only exercised the powers vested in him under the Tenth Schedule and that his actions were protected from the judicial scrutiny. “In spite of this, I am filing the present affidavit because of my utmost respect to the honourable Court, without in any way waiving any of the protection granted to me by the Constitution of India,” he said.