3rd judge to rule on BSY fate
Bengaluru, Oct. 18: The Karnataka High Court was on Monday divided on an issue that could impact the future of the first-ever BJP government in south India. The court was ruling on the plea filed by 11 BJP legislators who were disqualified by the Karnataka Assembly Speaker, Mr K.G. Bopaiah, ahead of the trust vote earlier this month.
A division bench comprising Chief Justice J.S. Khehar and Justice N. Kumar expressed a difference of opinion on whether the conduct of the MLAs invited disqualification, based on the application of paragraph 2(1)(a) of the Tenth Schedule of the Constitution. This deals with a member who voluntarily walks out of a party.
Chief Justice J.S. Khehar upheld the orders of the Speaker whereas Justice N. Kumar set it aside by ruling that is in violation of the constitutional mandate and cannot be sustained.
However, the two judges agreed upon three other aspects. Both judges agreed that the allegations of mala fide raised against the Speaker were vague and bereft of specific details, and as such cannot be accepted. They held in common that the anti-defection rules are procedural in nature and, even if violated, they alone cannot be the grounds for challenge.
The case has been posted before a third judge to decide on the lone aspect and will come up on October 20.
The disqualification of five Independent legislators has been referred to a new division bench which will hear it on November 2.
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