Bangalore: The political crisis in Karnataka is in its decisive stage Tuesday with the High Court expected to decide on the disqualification of 16 rebel MLAs by the Speaker ahead of the trust vote in the Assembly yesterday.
A division bench comprising Chief Justice J S Kehar and Justice N Kumar, specially constituted to hear the case, will take up the two petitions filed by the rebel MLAs; they are claiming that their disqualification amounts to abuse of power by Speaker KG Bopaih.
Meanwhile, Chief Minister BS Yeddyurappa is taking the battle to save his 28-month government to Delhi. He along with all the party MLAs, MPs and MLCs are on their way to the national capital to protest against Governor HR Bhardwaj's role in the entire episode.
The Governor had on October 10 written to the Speaker, asking him to conduct the trust vote on October 11, Monday, on the basis of the party positions as on October 6 � with the BJP at 116, the Congress at 73, the JD(S) at 28, Independents at six and the Speaker. Altering the character of the Assembly would vitiate the proceedings and "such vitiated proceedings will not be acceptable," he observed.
After the trust vote on Monday, HR Bhardwaj, had, in a report to the Centre, described the vote as “a farce” and recommended President’s rule.
Speaking to reporters before leaving for Delhi, Yeddyurappa said, "Today all our BJP MLAs, MPs and MLCs are going to Delhi and all our BJP CMs are also coming. Under the leadership of our leaders Nitin Gadkariji, Sushma Swarajji, Arun Jaitleyji and LK Advaniji we are going to meet the President, the Prime Minister and the Home Minister."
Attacking the Governor over his role in the entire episode, he said "When the date and time- for the trust vote – has been fixed by the Speaker, the Governor wrote to the Speaker that all MLAs should be present. In a democracy Speaker decision is final, that's why we will discuss the whole issue with the President, Prime Minister and Home Minister seek his removal for upholding of democracy."
Yesterday taking up the matter the Karnataka High Court Bench had asked former attorney general Soli Sorabjee, who represented the respondent, “We want to know how the Anti-Defection law is invoked. It is purely a question of law now.”
The eminent jurist said there was no violation as far as following principles of natural justice were concerned, as the MLAs had been duly heard by the Speaker before the decision � to disqualify them – was taken.
P P Rao, senior Supreme Court advocate who represented the 11 disqualified BJP MLAs, argued that the action was a clear abuse of power. “These MLAs never said that they would leave that party. They were only expressing lack of confidence in the leadership of CM B S Yeddyurappa owing to corruption, favouritism and nepotism.
“Since their voice was never heard in the party forum, they went to the governor with a representation. Can it be called defection? There is no mention of these MLAs leaving the party in the representation given to the governor on October 6. There is no crossing floor or dal-badal as mentioned in the schedule 10 (disqualification on grounds of defection) to invite such an order,” Rao said.
K G Raghavan, senior advocate representing the five independent MLAs, argued that the order speaks of them abandoning the government. Belur Gopalakrishna and 10 other BJP MLAs and D Sudhakar and four other independents have filed separate petitions.
The Centre is for the moment is adopting a wait-and-watch policy and would probably decide on the Governor's recommendation on President Rule in the state after the High Court decides on the matter.
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