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Karnataka HC upholds disqualification of 11 BJP MLAs Read more: Karnataka HC upholds

Discussion in 'National Politics' started by hanuman, Oct 29, 2010.

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  1. hanuman

    hanuman FULL MEMBER

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    BANGALORE: Ending week-long suspense, Justice V G Sabhahit, the third judge, pronounced his verdict on the petition filed by 11 rebel BJP legislators on Friday afternoon.

    Justice Sabhahit said that Speaker K G Bopaiah's ruling disqualifying the BJP MLAs was in accordance with Para 2 (1) (a) of the Tenth Schedule of the Constitution.

    The division bench, which also consists of Justice N Kumar, had earlier given a split verdict with Justice Kumar setting aside the Speaker's order. The bench had then referred the matter to the third judge.

    Justice Sabhahit on Friday placed his order before the division bench for delivering its formal orders.

    Karnataka chief minister B S Yeddyurappa described the verdict as "epoch making" and a major step towards eradicating the menace of defection in the country. (Read: Karnataka CM welcomes court verdict)

    Friday's order of the court comes as a major victory for the BJP, which has been plagued by dissidence and scraped through a confidence vote in the assembly on October 14 after 16 disqualified MLAs were kept out of the assembly.

    BJP counsel Satya Pal Jain hailed the third judge's order saying this gave a good signal to defectors, PTI reported.

    But the JD(S), which has spearheaded the dissidence in BJP by taking its MLAs out of the state before the confidence vote, reacted saying "it is only an intermediate state. We are going to knock at the doors of the Supreme Court and hope the issue will be decided in our favour."

    The case of disqualification of other 5 Independent MLAs, who have also challenged the Speaker's action, will come up for hearing on November 2.

    The ruling BJP and Opposition Congress-JDS combine have been waiting for the verdict, which has an impact on the party position in the assembly and the stability of the first saffron government in the south headed by B S Yeddyurappa.

    The court on October 21 had declined the plea by five Independents, who also have been disqualified, to allow them to vote during the second motion of confidence moved by Yeddyurappa on October 22 or their votes be kept in a sealed cover till the court decides on their petition.

    However, the court had then declared that the result of the second floor test would be subject to its final order on the petition by Independent MLAs.

    In the first confidence vote on October 11, the government won a controversial vote by a voice vote in the midst of pandemonium. The Speaker had disqualified the MLAs on the eve of the first vote.

    Governor H R Bhardwaj refused to accept the result of the first trust vote and called for a second vote on October 14, which Yeddyurappa won by a 106-100 margin.

    Read more: Karnataka HC upholds disqualification of 11 BJP MLAs - The Times of India Karnataka HC upholds disqualification of 11 BJP MLAs - The Times of India

    Now will the Governor Apologize Publicly or submit his resignation as the court has quashed this manufactured non-sense?
     
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  2. abirbec04

    abirbec04 Captain SENIOR MEMBER

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    Good decision by the court. Atleast now Congress should stop poking their nose in opposition ruled states. In Gujarat also they got a drubbing with Gujarat HC granting bail to Amit Shah.The governor should be immediately replaced. Congress never likes to sit in the opposition.
     
  3. Bang Galore

    Bang Galore Lieutenant FULL MEMBER

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    Actually, this has less to do with the Congress & more to do with the JD(S). The congress didn't manufacture this crisis, the JD(S) & to some extent the BJP did. The Congess's fault was with how they behaved in the assembly & indirectly in the form of the behaviour of the governor. Anyone in Karnataka will tell you that they are fed up of all the political parties including the BJP. The BJP has so damaged itself with the whole scale(& I mean whole scale) corruption, that even they don't think that they will return in the next election. That is the reason that they are trying every trick to stay in power. There is not likely to be a second coming for them anytime soon.

    The decision of the HC is most welcome. I never did understand what the issue was with the BJP MLA's. The decision to disqualify them should have been upheld straight away. It will be interesting what the HC has to say about the Independent MLA's because on the face of it, they were improperly disqualified because they were under no obligation to support the BJP or anyone else.
     
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