A new single bench of the Karnataka high court on Wednesday adjourned the disqualification of 11 rebel Bharatiya Janata Party Members of Legislative Assembly who had challenged their disqualification from the state assembly.
The case had come up before Justice V G Sabhahith after the court delivered a split verdict two days ago on the petitions. Chief Justice J S Khehar and Justice N Kumar had differed on the provisions of Para 2 (1) (a) of the 10th Schedule of the Constitution that deals with disqualification of members of a Legislature, after which they referred the matter to a 'third judge'. Justice Sabahith is scheduled to resume the hearing on Thursday.
Justice Khehar upheld Speaker K G Bopaiah's order disqualifying the MLAs but Justice Kumar set it aside in their 166-page order. The MLAs had said in their individual letters to Governor H S Bharadwaj that they were disillusioned with the functioning of the B S Yeddyurappa government, expressed lack of confidence in it and withdrew their support to it.
The 11 MLAs and five independents were disqualified by the Speaker on the night of October 10, a day before the trust vote sought by Chief Minister B S Yeddyurappa.
The Speaker had carried out the confidence motion by a voice vote but Governor H R Bhardwaj had called it unconstitutional and recommended President's rule. However, the governor then decided to give a second opportunity to Yeddyurappa to prove his majority in the House on October 14.
The government won the vote of confidence with 106 MLAs voting for it and 100 others against it.
The petition by five independent MLAs would be decided by a new division bench on November 2. The court had said earlier that the October 14 trust vote was subject to its verdict on the petitions by independents.
