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HC divided over BJP MLAs disqualification

By The Assam Tribune

BANGALORE, Oct 18 � In a new turn to political developments in Karnataka, the State High Court was split on the disqualification of 11 BJP MLAs by the Speaker and the issue will now be heard by a third judge on Oct 20.

However, on the issue of disqualification of 5 Independent MLAs, the two-member bench of the court referred the matter to a division bench which will hear it on Nov 2.

While Chief Justice J S Khehar upheld the disqualification of 11 BJP MLAs by Speaker K G Bopaiah, the other judge on the bench N Kumar set aside the Speaker's order.

Justice Khehar said the case of 11 MLAs will be posted before a third judge who will hear it on Oct 20.

On the 5 Independent MLAs case, the bench said "we are of the view it should go to some other bench. We will post it before some other bench."

Late on the night of Oct 10, the Speaker had disqualified 11 BJP MLAs and 5 Independent MLAs under the anti-defection law ahead of the trust vote by Chief Minister B S Yeddyurappa on Oct 11.

Amidst pandemonium, the Speaker had declared the chief minister's confidence motion carried by a voice vote which the Opposition had contested. Governor H R Bhardwaj called the proceedings unconstitutional and recommended President's Rule in the State.

However, the next day he gave the chief minister another opportunity to prove his majority in the House on Oct 14, while the High Court reserved orders for Oct 18 in the case of 11 BJP MLAs. The court also ruled that the fate of vote in the House on Oct 14 will depend on its final verdict in the case.

The first BJP government in the south proved its majority in the truncated Assembly with 106 MLAs voting for it and 100 voting against. However, the bench differed on the issue of disqualification under Para 2(1)(a) of the anti-defection law.

�I am upholding the order (of the Speaker),� Justice Khehar said while Justice N Kumar said �I set aside the order.�

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HC divided over BJP MLAs disqualification

BANGALORE, Oct 18 � In a new turn to political developments in Karnataka, the State High Court was split on the disqualification of 11 BJP MLAs by the Speaker and the issue will now be heard by a third judge on Oct 20.

However, on the issue of disqualification of 5 Independent MLAs, the two-member bench of the court referred the matter to a division bench which will hear it on Nov 2.

While Chief Justice J S Khehar upheld the disqualification of 11 BJP MLAs by Speaker K G Bopaiah, the other judge on the bench N Kumar set aside the Speaker's order.

Justice Khehar said the case of 11 MLAs will be posted before a third judge who will hear it on Oct 20.

On the 5 Independent MLAs case, the bench said "we are of the view it should go to some other bench. We will post it before some other bench."

Late on the night of Oct 10, the Speaker had disqualified 11 BJP MLAs and 5 Independent MLAs under the anti-defection law ahead of the trust vote by Chief Minister B S Yeddyurappa on Oct 11.

Amidst pandemonium, the Speaker had declared the chief minister's confidence motion carried by a voice vote which the Opposition had contested. Governor H R Bhardwaj called the proceedings unconstitutional and recommended President's Rule in the State.

However, the next day he gave the chief minister another opportunity to prove his majority in the House on Oct 14, while the High Court reserved orders for Oct 18 in the case of 11 BJP MLAs. The court also ruled that the fate of vote in the House on Oct 14 will depend on its final verdict in the case.

The first BJP government in the south proved its majority in the truncated Assembly with 106 MLAs voting for it and 100 voting against. However, the bench differed on the issue of disqualification under Para 2(1)(a) of the anti-defection law.

�I am upholding the order (of the Speaker),� Justice Khehar said while Justice N Kumar said �I set aside the order.�