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  • K’taka issue: HC reserves orders on rebel BJP MLAs’ case

    Published on October 21, 2010

    The Karnataka High Court on Thursday reserved its orders on petitions filed by 11 rebel BJP MLA’s challenging their disqualification, prolonging the suspense in the legal battle with a bearing on the B S Yeddyurappa government.

    Judge V G Sabhahit heard the arguments from the counsels of the petitioners and Chief Minister B S Yeddyurappa during the two-day hearing which concluded on Thursday.

    On Monday, a division bench comprising Chief Justice J S Khehar and Justice N Kumar referred the case to the third judge, Justice Sabhahit, after a split verdict.

    The Chief Justice had upheld the Speaker K G Bopaiah’s order disqualifying the 11 BJP rebels, while Justice Kumar set it aside.

    Former Attorney General Soli Sorabjee and Satyapal Jain, counsels for Yeddyurappa, Thursday argued that Bopaiah not only relied on 6th October letter of the 11 MLA’s withdrawing support to the government but also on their conduct.

    The counsel submitted that the Speaker’s order on 10th October is “not perverse at all”.

    The 11 legislators have not denied the Speaker’s statements with regard to their entering into negotiations with other political parties, Sorabjee contended.

    “None of the (Speaker’s) statements have been assailed or contested”.

    He sought to reject the argument of the 11 MLA’s that they only wanted the chief minister’s removal and that they are ready to support BJP government headed by anybody other than Yeddyurappa.

    On the MLAs’ letter withdrawing support to the government led by Yeddyurappa, Sorabjee argued it was enough to mention only the government, “There is no need to mention that it’s headed by so and so, which is only descriptive.”

    He underlined that what’s important is the state government.

    “Headed has no meaning. It does not make a difference who is heading. Heading is so meaningless.”

    Jain said the petitioners never challenged “any findings recorded by the Speaker” on the disqualification.

    Later speaking to reporters, Law Minister Suresh Kumar said, “The arguments took place in a congenial manner and all the parties have been heard.”

    To a query, he said, “After observing the court proceedings for two days, we are confident about the outcome of the judgement. Since it (judgement) has been reserved, we have to wait for it,” he said.

    Describing it as a “landmark case”, Kumar said, “Many legal issued are involved. We are confident that the judgement would take into account all gamuts of law.”

    To a question on the various grievances and allegations made by the rebel MLAs, Kumar said, “They did not choose to speak about this to any of the leaders in the party, instead they chose to speak to the governor. Raj Bhavan is not the proper forum to ask for change in leadership. This shows that they have dissociated themselves from the party.”

    Denying any “instability” in the government, he asserted “there is stability in the government” and it would carry forward the development works of the state.

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