Third judge to hear BJP rebel MLAs’ plea

PTI

Bangalore, 18 October 2010: The Karnataka High Court was split on the disqualification of 11 BJP MLAs by the Speaker and the issue will now be heard by a third judge on October 20.

 

However, on the issue of disqualification of five Independent MLAs, the two-member bench referred the matter to a division bench which will hear it on November 2.

 

While Chief Justice J.S. Khehar upheld the disqualification of 11 BJP MLAs by Speaker K.G. Bopaiah, the other judge on the bench N. Kumar set aside the Speaker’s order.

 

Justice Khehar said the case of 11 MLAs will be posted before a third judge who will hear it on October 20.

 

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

 

Late on the night of October 10, the Speaker had disqualified 11 BJP MLAs and five Independent MLAs under the anti-defection law ahead of the trust vote by Chief Minister B.S. Yeddyurappa on October 11.

 

Amidst pandemonium, the Speaker 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 in 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 will depend on its final verdict in the case.