Karnataka High Court to decide rebel MLAs’ fate

TNN

Bangalore, 12 October 2010: The Karnataka high court on Monday adjourned the hearing of two petitions filed by 16 MLAs challenging their disqualification by the speaker. A division bench comprising Chief Justice J S Kehar and Justice N Kumar, specially constituted to hear the case, will take up further hearing of the matter on Tuesday. The bench was formed after the MLAs moved the petition before the Registrar General. The HC is closed for a week for Dussehra vacation.

 

"We want to know how the Anti-Defection law is invoked. It is purely a question of law now," the bench observed while asking former attorney general Soli Sorabjee, who represented the respondents, to assist the court. The eminent jurist said there was no violation as far as following principles of natural justice were concerned, as the MLAs had been duly heard by the speaker before the decision was taken.

 

P P Rao, senior Supreme Court advocate who represented the 11 disqualified BJP MLAs, argued that the action was a clear abuse of power. "These MLAs never said that they would leave that party. They were only expressing lack of confidence in the leadership of CM B S Yeddyurappa owing to corruption, favouritism and nepotism.

 

Since their voice was never heard in the party forum, they went to the governor with a representation. Can it be called defection? There is no mention of these MLAs leaving the party in the representation given to the governor on October 6. There is no crossing floor or dal-badal as mentioned in the schedule 10 (disqualification on grounds of defection) to invite such an order," Rao said.

 

K G Raghavan, senior advocate representing the five independent MLAs, argued that the order speaks of them abandoning the government. Belur Gopalakrishna and 10 other BJP MLAs and D Sudhakar and four other independents have filed separate petitions.