Oct 13 Assembly Vote Depends on HC's Monday Order

With inputs from IANS

Bangalore, Oct 13 (PTI): The Karnataka High Court on Wednesday ordered that tomorrow's vote in the Assembly on chief minister's confidence motion will be subject to its decision on the writ petitions filed by 16 disqualified MLAs to be given on Monday. 

"The floor test to be held tomorrow (Thursday October 14) will be subject to the ruling by this bench in the amended writ petition filed by the five Independents against their disqualification by the speaker," a division bench of the high court, headed by chief justice K S Khehar and justice N Kumar ruled. 
 
Chief Justice J S Khehar also rejected pleas of five disqualified Independent MLAs to vote in the Assembly tomorrow in the confidence vote or that their vote be kept in a sealed envelope to be counted or not not depending on the Monday order.

The Court's order came on an urgent petition filed by the 5 Independent MLAs whose counsel K G Raghavan  pleaded for an immediate stay on the order of Speaker K G Bopaiah disqualifying them.

Alternatively they demanded that they should be allowed to vote and their votes be kept in sealed covers and handed over to the court Registrar. The votes can be counted if they succeed in their writ petition or vice versa.

Counsel for government M D Marigund and Vivek Reddy objected to their plea saying if their pleas were  allowed it would be violative of Art 212 of the Constitution which bars courts from inquiring into proceedings of the Legislature.

Any interim order will interfere with the proceedings of the House, the government counsel contended.

In his order, Justice Khehar said "We are satisfied that the ends of justice will be met if the proceedings that will happen in the Assembly are ordered to be subject to the decision of the writ petitions before the High Court."

Yesterday the court had adjourned proceedings in the case filed by 16 MLAs, including 11 of the BJP, seeking quashing of the Speaker's orders to Monday.

While it had  reserved orders in the case of petition relating to 11 MLAs, it had allowed the 5 MLAs to amend their writ petition and posted the matter for further hearing on Monday.

Experts said if the High Court finally upholds the Speaker's decision to disqualify the legislators then status quo could remain.  But if the Speaker's decision is overturned then it could result in a fresh vote of confidence since the legislators would get back their rights. 
 

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