Supreme Court notice to Yeddyurappa, speaker on disqualified MLA’s plea

Mtoday news

New Delhi, Nov. 30:The Supreme Court today sought a response from Karnataka chief minister BS Yeddyurappa and state assembly speaker on an appeal filed by four of the 11 disqualified Karnataka BJP MLAs against the high court order upholding the speaker’s decision.

A bench of Justice Altams Kabir and Justice Cyriac Joseph, while seeking a response by December 7, posted the matter for further hearing to December 9.

 

The bench passed the direction after senior counsel Rohinton Nariman raised the issue the during the mention time.

In their special leave petition, the MLAs Gopala Krishana Belur, Shivanagaouda Naik, Shanker Linge Gowda and Bellubbi said their disqualification raised substantial questions of constitutional and administrative law involving an interpretation of the provisions of the Tenth Schedule and the Rules made under para 8 thereof for giving effect to it.

They submitted that having regard to the categorical statement they had made in their replies to the show-cause issued by the speaker that they had no intention at all of leaving BJP or membership of its legislature party and that their letter to the Governor was aimed at "cleansing the image of the party by getting rid of Yeddyurappa as chief minister," "is the speaker justified in disqualifying them on the ground that they had voluntarily given up membership of the BJP".

According to the petition, democratic dissent, without any intention of leaving the party but in the hope of saving its image and reputation by getting rid of a "corrupt" chief minister cannot be regarded as voluntarily giving up party membership as such.

It was submitted that they were disqualified before the voting actually took place in the assembly apprehending that they would vote against the chief minister on the specious ground that they had voluntarily given up BJP membership.

On October 29, a third judge in the Karnataka high court upheld the disqualification of 11 rebel BJP MLAs, concurring with the decision of the chief justice.