Karnataka assembly speaker’s action referred to new judge; Yeddy future in balance

BANGALORE: BJP’s efforts to dispel the impression that its government in Karnataka was living on daily wages suffered a setback when a two-judge bench of the high court failed to produce a verdict on the status of 11 disqualified MLAs. The issue will now be assessed by a third judge. The BJP gained numerical comfort after barring this group as well as 5 Independents.

The division bench comprising Chief Justice J S Khehar and Justice N Kumar were split in their verdict on the disqualification notice issued by Karnataka legislative assembly Speaker K G Bopaiah against the 11 BJP MLAs.

While Chief Justice J S Khehar upheld the disqualification of the 11 BJP MLAs by the Speaker, Justice N Kumar set aside this ruling. Though the judges were in agreement on three points they disagreed on the crucial Anti-defection Law.

In what would help BJP counter its rivals’ charge that the Speaker’s ruling was unconstitutional, both judges agreed that he followed the rule of natural justice and had no mala fide intention. They were also of the same view that the Speaker had followed the rules. “I have no doubt whatsoever in my mind, that the letter dated 06.10.2010 addressed by the petitioners to the governor of the state of Karnataka, was by itself sufficient to conclude that the petitioners had suffered the disqualification envisaged under paragraph 2(1) (a) of the Tenth Schedule of the Constitution of India,” Chief Justice Khehar wrote.

But Justice Kumar differed and felt that dissent should be respected. “Right to dissent is the essence of democracy. For success of democracy and democratic institutions honest dissent is to be respected by persons in authority. Power and positions should not be abused to muzzle such dissent. If it is done that is end of democracy. It would be unconstitutional,” Justice Kumar stated.

The issue of disqualification of five independent MLAs too remain undecided with the two-member bench referring the matter to another division bench for hearing on November 2.

The Speaker had disqualified 11 BJP MLAs and 5 independent MLAs hours before the trust vote on October 11 under the provisions of anti-defection law.

Amid pandemonium, the Speaker had declared the chief minister’s confidence motion carried by a voice vote, which the Opposition had contested.

Karnataka governor H R Bhardwaj called the proceedings unconstitutional and recommended President’s rule. 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. The court also ruled that regardless of the vote passed by the Assembly on October 12, their verdict would have a bearing on the outcome.

The BJP government demonstrated its majority during the trust vote on October 14 by securing 106 votes as against 100 by the Opposition.