The Karnataka High Court today issued notice to state Assembly Speaker K G Bopaiah on petitions filed by five Independent MLAs, challenging their disqualification from the Assembly. A bench comprising Justices Mohan Shantanagouder, S Abdul Nazeer and A S Bopanna also posted the matter for further hearing on November 8.The independents had withdrawn their support to the BJP government following which Bopaiah had disqualified them. The independents, with whose support BJP formed its first-ever government in the South, have maintained in their petitions that they did not attract anti-defection laws as they were elected as independents, not on BJP's symbol.AIR correspondent Sudhindra reports from Bengaluru that lawyers appearing for the five disqualified Independent MLAs made a submission before the full bench that support to Yeddyurappa government was withdrawn to protect the state interest. They also pleaded to allow them to submit amended application to include 30 fresh charges against the Speaker K G Boppaiah. The Independent MLAs fighting the case against their disqualification by the Speaker have maintained in their petition that they cannot attract provisions of anti defection law as they were elected as Independents. However the Respondent on behalf of the Government have taken a stance that they are part and parcel of the party as they attended legislature party meetings and accepted whip in the Rajya Sabha biennial election. In the Karnataka Legislative Assembly, the BJP has strength of 106, including the Speaker. It also enjoys the support of Independent MLA Varthur Prakash. Congress has 71 MLAs and JD(S) 27. If the disqualification of the five Independents is annulled by the court, they can contest election without attracting the provisions of Anti Defection law. Venkataramanappa, Shivaraj Thangadagi, Goolihatti Sekhar, D Sudhakar and M P Narendraswamy are the Independent MLAs facing disqualification. BJP has argued that the independents, inducted into the ministry had become part and parcel of the party as they had attended legislature party meetings and accepted whip in the Rajya Sabha biennial polls. On October 21, the court had rejected the plea of independents to allow them to vote in the second trust vote the next day, but had said that the result of motion of confidence would be subject to its final verdict. After a split verdict, the third judge, Justice V G Sabhahit, had last week upheld upheld the disqualification of 11 rebel BJP MLAs who had withdrawn support.
News On AIR | November 2, 2010 8:17 PM
Karnataka high court issues notice to assembly speaker