Supreme Court Nullifies Speaker's Order on Disqualified MLAs


Return of Lawmakers Could Mean Trouble for Yeddyurappa

Bangalore/New Delhi, May 13 (IANS):
The Supreme Court Friday restored the membership of 16 disqualified Karnataka legislators, a development that could threaten continuation of B.S. Yeddyurappa as chief minister.

The 16 lawmakers, 11 of the ruling Bharatiya Janata Party (BJP) and five Independents, were disqualified Oct 11, hours before Yeddyurappa was to seek confidence vote in the assembly following their withdrawal of support to him.

Most of the 16 lawmakers, who were in New Delhi for the keenly awaited verdict, told reporters that they would meet late Friday to decide their future course of action.

They did not give a direct reply to whether they would again seek removal of Yeddyurappa.

"We will discuss and take a decision," Belur Gopalakrishna, a legislator from Sagar in Yeddyurappa's home district of Shimoga, about 280 km from Bangalore, told reporters.

The court verdict dampened celebrations by Yeddyurappa and his supporters over winning all the three assembly by-polls Friday.

Voting had taken place for the three seats April 9 and counting was held Friday.

Excluding the 11 party lawmakers whose membership was restored Friday, the BJP has 109 members in the 225-member assembly (including one nominated) and enjoys the support of one independent.

The Congress has 71 members and the Janata Dal-Secular 26. One seat is vacant.

The victorious 16 lawmakers now hold the key to the fate of Yeddyurapa, who is already facing increasing dissidence over his continuation in view of various charges of corruption and illegal land deals against him.

In Bangalore, BJP spokesperson and special representative in New Delhi V. Dhananjaya Kumar said there was no threat to Yeddyuappa as the 11 legislators who won their case remained BJP members.

After the apex court verdict Yeddyurappa held a meeting with ministers and legislators supporting him to discuss the impact and decide on steps to win over as many as 16 lawmakers to supporting him.

 

Earlier report:

Supreme Court Nullifies Speaker's Order on Disqualified MLAs

Bangalore/New Delhi, May 13: The Supreme Court on Friday May 13 nullified Karnataka speaker's decision on the disqualified MLAs.

The SC has stated that the speaker's decision was against the Constitution and that he had taken it in a hurry.

"The decision was impelled by extraneous considerations," the Supreme Court said.

The SC also said that the Speaker's decision had violated justice and that he did not give the rebel MLAs a chance to voice themselves.

The verdict is a huge relief for the MLAs but for Yeddyurappa it comes as a big blow as the government may now be reduced to a minority.

The MLAs, who can now retain their posts in the legislative assembly, are elated at the verdict, and plan to decide on the further course of action after a meet.

The 11 disqualified MLAs are SK Bellubbi, Gopalakrishna Beluru, Anand Asnotikar, Balachandra Jarkiholi, BN Sarvabhouma Bagali, Raju Kage, Y Sampangi, GN Nanjundaswamy, MV Nagaraju, Shivan Gowda Nayak and HS Shankaralinge Gowda.
 
PM Narendraswamy, Shivaraj Thangadagi, Gulihatti D Shekhar, Venkataramanappa and D Sudhakar, are the Independents.

The MLAs had filed petitions challenging the High Court’s orders upholding their disqualification by the Speaker.

A Bench comprising justices Altmas Kabir and Cyriac Joseph delivered the verdict.

  

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Comment on this article

  • Alwyn Crasta, Neermarga Mangalore

    Sat, May 14 2011

    Now CBI and IT should scan all 16 mla and family members bank account.

    DisAgree Agree [1] Reply Report Abuse

  • ISMAIL K PERINJE, PERINJE/YANBU-KSA

    Sat, May 14 2011

    @ PRAVEEN MANGALORE,kindly sroll down whether I commented on BJP's win in 3 by elections.As far as Mr Poojary's statement concerned,I think you people giving politicians too much importence!Are those politicians who promise frequently would fulfil thier committment?It is foolish to expect any party's politicians committment done 100%.However as far Mr J.Poojary concerned the message is confirmed that in Karanataka all Constitutional and parlimentary democratical norms are not given any respect and the Suprime Court clearly slapped in the face of Yeddys and C.....s!!

    DisAgree [1] Agree [1] Reply Report Abuse

  • ISMAIL K PERINJE, PERINJE/YANBU-KSA

    Fri, May 13 2011

    It appears now that Guv has valid point with him to act up on the petition by these 16 MLAs who had given in writing no-confidence in Yeddy on the day of motion in which Speaker did not give even natural justice.So that the move is valid and MLAs are still MLAs and GUV may invoke article 356 and advise uninon cabinet of constitutional crisis.

    DisAgree [1] Agree [1] Reply Report Abuse

  • vincy, shamboor/Bangkok

    Fri, May 13 2011

    The BJP tried to push the bone through the Throat and now it is stuck in the belly.The SC's judgement is questionable as how they could disqualify the Independant MLA's who are elected by the people and they contested without any party banner and later joined the BJP to form a government.The SC has proved that the people's verdict is always right.The SC judges team is the same bench which sent Raja,Kalmadi to Jail means people can have faith in the judicial system.The Yeddy days are numbered and he has blessed Shobakka to be his future remote control if he has to step down.Once the 16 MLA's are back to the batting position then the Refree governor has to lift his finger to Eddy the man of the match.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Jossey Saldanha, Mumbai / Mapusa

    Fri, May 13 2011

    Democracy has been plundered and raped but people in Karnataka seem to love it.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Gurudath, M'lore/Mumbai

    Fri, May 13 2011

    Very few seem to note that these 11 BJP MLAs have very little choice. If they vote against the government they'll lose their seats and can never hope to win again. Government may not fall as there will be cross voting.

    DisAgree [1] Agree [1] Reply Report Abuse

  • kc, bengloor

    Fri, May 13 2011

    Like bjp purchased high court and bopanna?

    DisAgree Agree Reply Report Abuse

  • Hegde, Udupi

    Fri, May 13 2011

    @Roshan,

    Judges in supreme court also could be purchaseable commodity by Congress in Central government just like theay they are dealing with CBI (Congree Bureau of investigation).

    DisAgree Agree Reply Report Abuse

  • CJ Prakash, Malpe

    Fri, May 13 2011

    Mr Roshan
    Its evident that those 11 memeberes if they sit in the assembly hall then they should sit there as BJP members only because they are elected as BJP memberes wether they like it or not now for whatsoever reason. So BJP is not adding up anyone. if they go against the party wip BJP high command has the right to suspend them and the by elections are evident, ball may go to any one court. Today in the best intrest of BJP either they will work out a compromise formula with these guys or make Yeddi step down but otherwise BJP has more grace to show than atleast Janardhan Poojary or MMS.
    Mr Ismail Perinje, What about the character certificates given by the same court every second day for your UPA Govt for their sailence over the years when people under their nose looted the country and their inabiltty to name or get bak the stashed black money. How many times MMS & UPA should have resigned by now ?

    DisAgree Agree Reply Report Abuse

  • hemanth, France/Mangalore

    Fri, May 13 2011

    Please NOTE...

    affidavit filed by 11 memebrs infront of supreasme court was not same as high court..

    Affidavit infornt of supreme court says "We (11) are in BJP and still in BJP...",this was missing in affidavit filed infront high court..Otherwise verdit might be similar to high court.. atleast in case of these 11 memebrs...

    DisAgree Agree Reply Report Abuse

  • HENRY MISQUITH, M'lore/Bahrain

    Fri, May 13 2011

    Really a major blow to Karnataka BJP.
    Will friday the 13th of May be lucky to Karnataka should be the main question?

    DisAgree Agree Reply Report Abuse

  • Nithin Poojary, Mangalore\UK

    Fri, May 13 2011

    Praveen , Mangalore
    Did Yeddy accepted Mr.Poojarys Challenge no right. Ok fine what if BJP lost elections would Yeddy resign. Yeddy would have said I never accepted Mr.Poojarys Challenge

    DisAgree Agree Reply Report Abuse

  • Ravi Kadri, Mangalore

    Fri, May 13 2011

    By this judgement disqualified 11 MLA are now become BJP MLA, which means if these frog again try to do any thing against the party, BJP can expel them from the party for their antiparty activity. These so called MLA's know very well that if they go aginst the party they have no future. therefore in all likelyhood they may support Yeddy. Whatever is said and done by the detractors of BJP in Karnataka, BJP keep winning the election in every election and by election of the state, which shows what majority of people of the state want.

    DisAgree Agree Reply Report Abuse

  • Roshan, Mangalore

    Fri, May 13 2011

    The SC order indicates two things, i) Judges at high courts are purchaseable commodity. It happens in many parts of India, more recently in UP, MP and in Karnataka. ii) How much shameless is BJP. Months back they termed disqualified MLA's as one sent to cemetary, today after the judgement, BJP adds them to their own numbers. BJP must come out and explain whether they are counting dead or alive.

    DisAgree Agree Reply Report Abuse

  • Praveen , Mangalore

    Fri, May 13 2011

    @ISMAIL K PERINJE, PERINJE/YANBU-KSA what about Mr Poojary who said that he will take political sanyas if BJP wins all the seats? Also your comment was not there when there was a news about BJP's victory in the three assembly polls.

    @Arun Menezes, Kallianpur / Kuwait if those 11 MLA's vote against BJP they will be suspended from BJP and also will have to face elections. State govt will also fall, but there is no guarantee that if those people will again.

    DisAgree Agree Reply Report Abuse

  • Louis D'Souza, Udupi/Kuwait

    Fri, May 13 2011

    Justice has been done. I wrote long before that Karnataka High court dicision was biased. Bhagwan ke ghar me dhere hai lekin andhere nahi hai. Supreme court has given right justice.

    DisAgree Agree Reply Report Abuse

  • A.S.Mathew, U.S.A.

    Fri, May 13 2011

    The M.L.As, who were elected through popular ballot by the
    electorate of Karnata were
    unlawfully and illegally forbidden
    by the Speaker of the house to
    exercise their voting rights.

    He must be answerable before the
    court of justice for deliberately
    and selfishly disregarding the
    constitution of India.

    Most probably, he has done it through the high
    pressure of the CM and the Speaker
    must tell the whole truth to the
    public and the court.

    DisAgree Agree Reply Report Abuse

  • Lokanath.D, Bantwal/Kolkata

    Fri, May 13 2011

    Dear Mr.ISMAIL K PERINJE, PERINJE/YANBU-KSA,It is not a quastion of as you said 'MAANA MARYADI EDDARE'it does not arise here because it is a judgement..you might have seen so many lower court judgement....it is quashed by upper courts...just we can see 'Ayodya dispute'it does not mean that as you said.....it is purely an angle of judgement within the purview of constitution....

    DisAgree Agree Reply Report Abuse

  • ISMAIL K PERINJE, PERINJE/YANBU-KSA

    Fri, May 13 2011

    Immediate repuercusions on the verdict 16 suspened MLAs in the bjp are

    1)Yeddy has lost considerable power in the BJP and it is certainly a spead breaker which may hinder his one man ruling in the state.

    2)These 16 MLAs together with dessent MLAs of BJP may pressure H.Command of BJP for Yeddy's head
    3) To embrrass BJP govt and in line with SC's stricture dessent MLAs initiate,a no confidence motion against Speaker of the Assembly.

    4) BJP may look for other commission's report against oppostion MLAs conduct in the Assebly for instance 'Appachu Ranjan Commssion'to suspend oppn MLAs in order to reduce stregnth of the oppon party.

    Totally there could be hectic political deliberations in both camp (Oppn & Ruling)which may a hurdle in the smooth running of the Govt.Finally For Yeddy, real acid test is started!

    DisAgree Agree Reply Report Abuse

  • Ramesh Naik, Bangalore

    Fri, May 13 2011

    Ismailji, There is no where written in constitution that MLAs should not resign and recontest in different symbol. Your congress did the same thing in Maharastra for Narayana Rane and team. They resigned from Shivsena and recontested on Congress ticket for ministerial berths and other stuffs. BJP has 108 now and need another 5. So he can pull the numbers bu operation lotus again. BSY is rocking!!!

    DisAgree Agree Reply Report Abuse

  • CJ Prakash, Malpe

    Fri, May 13 2011

    Mr Ismail Perinje
    Supreme court is giving such certificates almost every next day to your puppet MMS Govt in the center over their silence when many of the black sheeps in the UPA heard were feeding Lavishly over the years. And also for its inconsistent stand on retriving the black money despite so many years in power. Going with your words MMS & Co should have resigned 100 times by now.
    Have a good evening dreaming about BJP or speaker resigning.

    DisAgree Agree Reply Report Abuse

  • Satish Kunder, Mangalore/Kuwait

    Fri, May 13 2011

    This verdict may not have any affect on Yedyurappa's government immediately but surely a eye opener for the person in speaker's post.

    Speaker has to be impartial and he can not conduct as per instructions of particular party or Chief minister.

    DisAgree Agree Reply Report Abuse

  • Praveen, Udupi

    Fri, May 13 2011

    Perhaps 1 Crore grant is not working anymore...raise it to 5 crores.

    DisAgree Agree Reply Report Abuse

  • Arun Menezes, Kallianpur / Kuwait

    Fri, May 13 2011

    Dear Manvit, Even if these 11 MLA's are suspended from the BJP they are still democratically elected people's representative and can attach their loyalty to any other Party till their end of term (5 Years) and if they manage to pull a few more MLA's with them, ofcourse by showing the carrot (Money) anything can happen....., Good Luck to you and mamu!!!

    DisAgree Agree Reply Report Abuse

  • donald, manglore

    Fri, May 13 2011

    Money will start flowing in Kar. God save us The politicians dint even spare manglore sand avaliable for Rs1800/load 3 months ago Now Rs 5000God save us

    DisAgree Agree Reply Report Abuse

  • Sudarshan Shetty, Mangalore

    Fri, May 13 2011

    You are 100% right Manvit, Kudla. JAI HO BJP

    DisAgree Agree Reply Report Abuse

  • Kaa.Vee.Krishnadas Pakshikere, Mangalore

    Fri, May 13 2011

    Through this decission Of Supreme Court There may be Chances of One More High Drama in Karnataka Politics and Yeddy Tricks.BJP Govt Will be Trouble.So Congress and JDS may take chance get back to pevillion. But there is no use in handing powers to other parties.Re Poll is better sollution to get best conclusion or Well Start To Karnataka Politics.
    In Fact, Voters should take Right Discission On giving Clear Power to Single Party

    DisAgree Agree Reply Report Abuse

  • ISMAIL K PERINJE, PERINJE/YANBU-KSA

    Fri, May 13 2011

    Manvit Kudla,your BJP speaker got good certificate from SC perhaps best of my knowldge it was never happend in Indian history.You people are enjoying with so called majority number of MLAs which were also from manuplation of democracy and for a so called national party like BJP not augur well.

    DisAgree Agree Reply Report Abuse

  • ISMAIL K PERINJE, PERINJE/YANBU-KSA

    Fri, May 13 2011

    Land mark and unprecedent decision!
    The out come of verdict question's speaker's role and continuity.If Speaker and concerned has 'MAANA MARYADI EDDARE'the following heads should rolled for the best interest of the democracy and constitution.These are

    1 Speaker
    2 Chief Whip of Govt
    3 'Cheap' Minister
    4 CT Ravi
    5 Ishwarappa............

    This verdict really puts some break for Yeddy and gang for thier unconstitutional parlimentary behaviour,operation lotus and corruptions.Finally BJP was exposed in Karanataka of it's manuplations in running the affairs of Karanataka and let it should a lesson to monopoly type rulers in India.

    DisAgree Agree Reply Report Abuse

  • Suresh, Shimoga

    Fri, May 13 2011

    Now Yediurappa will start moving to temple and matta. Then horse trading begins now. It will be very fun to watch for another 15 to 20 days.

    DisAgree Agree Reply Report Abuse

  • Arun CK, Mangalore

    Fri, May 13 2011

    Dear Yeddi
    Good morning...but bad evening.

    DisAgree Agree Reply Report Abuse

  • Manvit, Kudla

    Fri, May 13 2011

    Still no problem for BJP government, if theese 11 MLAs go against party, suspend them, let them fight election again. Now these 11 MLSa will work out some statergy because they knows very well if they go for election they will losse their seat. Yeddi jindabad, noone can touch single hair of Yeddi.

    DisAgree Agree Reply Report Abuse

  • nagesh nayak, bangalore

    Fri, May 13 2011

    HEY MELWYN ,

    OUT OF 16 ALL ELEVEN ARE BJP MLAS.

    WE ARE NOT BOTHERED ABOUT FIVE INDEPENDENTS .

    ELEVEN BJP MLAS ARE WITH BJP.

    SHRIMAN YEDIYURAPPAJI IS EMERGING AS STRONGER DAY BY DAY.

    JAI HO .

    DisAgree Agree Reply Report Abuse

  • Ummer KunhiMK, Perinje/Dubai

    Fri, May 13 2011

    No surprise if there is another operation lotus will take place on these MLAz!

    DisAgree Agree Reply Report Abuse

  • Peter, Bangalore

    Fri, May 13 2011

    Start Operation lotus for magic number 113.

    DisAgree Agree Reply Report Abuse

  • JRAO,

    Fri, May 13 2011

    SINCE TWO JUDGE BENCH OF SUPREME COURT WHILE NULLIFYING SPEAKER'S ORDER HAVE NOT VERIFIED THE POINTS THE HIGH COURT HAS OBSERVED AND THE CASE TO BE REFERED TO FIVE JUDGE BENCH FOR FURTHER SCRUTINY SINCE SPEAKER IS A PEOPLE REPRESENTATIVE HOW THE TWO JUDGE BENCH NULLYFY WITH A SINGLE REASON OF INTENTION TO LEAVE THE PARTY !
    IF THEY HAD NO ITNENTION TO LEAVE THE PARTY THEY COULD HAVE GONE TO PARTY PRESIDENT BUT NOT GOVERNER !

    DisAgree Agree Reply Report Abuse

  • Praveen, Udupi

    Fri, May 13 2011

    The need of the hour is immediate President rule and pack Yeddi to his house.

    DisAgree Agree Reply Report Abuse

  • nagesh nayak, bangalore

    Fri, May 13 2011

    SHRIMAAN YEDIYURAPPAJI HAS ALREADY HAVING THE SUPPPORT OF JANATHA JANARDHAN.

    THREE SEATS WON IN BYELECTION.

    CHANNAPATTANA: BJP'S SHRIMAAN YOGISHWAR WON AGAINST JDS CANDIDIATES BY 175000 VOTES .

    BEFITTING REPLY TO DYAVEGOWDA & FAMILY.

    IN JAGALURU & BANAGRPET ALSO BJP SNATCHED MLA SEATS FROM CONGRESS.

    JAI HO BJP.

    DisAgree Agree Reply Report Abuse

  • Saleem, Udupi

    Fri, May 13 2011

    The horse trading begins. now watch for the polytical free entertainment for another 15 days. very good food for the media. Best thing to do is watch other than the news channel.

    DisAgree Agree Reply Report Abuse

  • MELWYN, UDUPI

    Fri, May 13 2011

    NAGESH MAMOOOOO GIVE SOME COMMENT!!

    DisAgree Agree Reply Report Abuse

  • Dave, Mangalore

    Fri, May 13 2011

    NOW WHAT?
    Dear CM,Eshwarappa,& Speaker Bopaiah-It is better for u to resign & handover the reigns of power to Shobhaji!

    DisAgree Agree Reply Report Abuse


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Title: Supreme Court Nullifies Speaker's Order on Disqualified MLAs



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