After Governor, HC's Order too may have Helped Yeddyurappa


After Governor, HC's Order too may have Helped Yeddyurappa
 
Gabriel Vaz
Daijiworld Media Network - Bangalore

 
Bangalore, Oct 13:
The beleaguered Karnataka Chief Minister B S Yeddyurappa may have more than one reason to smile as he appears to be confident of establishing the ruling BJP’s majority in the Karnataka Assembly for the second time in a matter of three days on Thursday.
     
The Governor H R Bhardwaj, who had dubbed Yeddyurappa’s victory in the floor test in the Assembly on Monday after disqualifying as many as 16 MLAs, comprising 11 from BJP and 5 Independents allegedly for anti-party activities through a compliant Speaker K G Bopaiah by voice vote as a ''farce” and had recommended dismissal of the Government and imposition of President’s Rule in the State, indirectly did a good turn by offering a 'second chance' to prove his majority by October 14 even before knowing the outcome of the decision from the Karnataka High Court on the writ petitions challenging the disqualifications.
      
The Division Bench of the Karnataka High Court comprising Chief Justice K S Kehar and Justice N Kumar, which had reserved its ruling on the writ petitions filed by the 11 BJP MLAs and had posted hearing of the writ petitions by the 5 Independents till October 18 while refusing to issue any interim order or stay the disqualifications, indirectly helped the Yeddyurappa regime on Wednesday evening as it meant a clear majority for the ruling party in the Assembly.


Team BJP


CLP meeting


JD(S) MLAs at a resort

Taking advantage of the good turn done by the Governor in offering a second chance to prove his majority in the House and also the benefit of the High Court’s refusal to intervene in the disqualification issue, Yeddyurappa decided to prove his majority a second time as directed by Bhardwaj. He was, of course, guided by legal advice as also wiser counsel from the party high command.
      
The Opposition Congress and JD(S) leaders as well as the disqualified MLAs, who were crying hoarse over the manner in which Yeddyurappa had won the trust vote through voice vote, were literally caught with their pants down as the Governor’s decision and the High Court’s refusal to intervene or stay the disqualification order and went hammer and tongs against the very same man, the Governor, who was termed by them as their ''saviour.”
 
And now, the Division Bench has come out with yet another decision which also promises to greatly enhance the prospects of the Chief Minister. While deciding not to come out with its ruling on the disqualified 11 BJP MLAs, the Division Bench has refused to concede the special plea made by the Independents to be allowed to attend the proceedings or even to cast their preferences in a ''sealed cover” to be opened after the final verdict.
 
The only concession – if it can be considered as such – is to hold the trust vote in the Assembly on Thursday for the second time as directed by the Governor subject to the final verdict. Thus, if the verdict goes in favour of the Independents and the Yeddyurappa regime proves its majority by a slender margin, the Independents will be entitled to seek a fresh floor test.
     
On a day when the High Court granted the prayer of the Information and Housing Minister Katta Subrmanya Naidu’s BJP city corporator son, Katta Jagadish, who was incarcerated in the Parappana Agrahara Jail for allegedly trying to bribe a witness by paying Rs 1 lac in the land compensation case, the ruling BJP has won another decision that can easily be termed as favourable from the High Court. Incidentally, the day also marks the series victory by the Indian Cricket team against the formidable Australian team at the Chinnaswamy Cricket Stadium in Bangalore by winning the second cricket test match.
      
Incidentally, the State Government has declared a holiday for all Government offices in Vidhana Soudha, Vikasa Soudha and the adjacent Multi-storeyed building around Vidhana Soudha till 2 pm. Security has also been beefed up in and around Vidhana Soudha and restrictions have also been clamped. Even the media – both visual and print --- have also been subjected to stringent security restrictions as part of the efforts to prevent all unauthorized persons from entering Vidhana Soudha.


Preparations for the special session


Disqualification notice

The ruling BJP, which had managed to win the first floor test on Monday (October 11) by voice vote in the absence of 16 dissident MLAs after disqualification, by securing 106 votes, including the Speaker, against barely 102 by the 73-member Congress, 28 member JD(S) and 1 Independent, is confident of registering even a bigger win.
 
The BJP has already managed to 'lure' the Independent MLA, Varthur Prakash, who had dissociated himself from the ruling party and aligned himself with JD(S), to its side. The Bellary mining lord and Tourism and Infrastructure Minister Gali Janardhana Reddy has managed to 'convince' Varthur Prakash to come back to BJP fold, probably by promising a ministership. It may be noted here that Varthur Prakash was actively involved in all the activities of former Chief Minister and State JD(S) President H D Kumaraswamy during the last one week in persuading the 'disgruntled' BJP MLAs to vote against Yeddyurappa.
 
"In the interest of the State and stability of the Government for the next two and half years, I have decided to vote for the BJP government," Prakash, who represents Kolar constituency, told reporters in the presence of Janardhana Reddy.
 
The ruling party had already ''won” over another JD(S) MLA from Channapatna, M C Ashwath, who, however, did not turn up in the House on Monday. In addition, Reddy and other ruling party leaders have promised to 'get' a few more 'friendly' members from Congress and JD(S) to vote in favour of the Government or at least persuade them to abstain, which would also benefit BJP.
 
Meanwhile, Congress leaders like opposition leader in the Assembly Siddaramaiah and KPCC president R V Deshpande as well as JD(S) leader H D Kumaraswamy called on the Governor at Raj Bhavan to discuss the fall-out of the High Court’s decision vis-à-vis the second chance offered to Yeddyurappa to prove his majority in the Assembly. 
 
"The floor test being conducted in the Assembly on Thursday is totally unnecessary and unwarranted. The outcome will have no bearing on the Government’s majority because the Government will be forced to seek another floor test after the High Court’s verdict," the Congress and JD(S) contended. "Tomorrow’s trust vote is nothing but a semi-final match. The real and final match will be played only after High Court’s verdict. Even if the Chief Minister is able to prove his majority, for argument’s sake, it will be subject to the High Court’s verdict and a fresh trust vote will be necessary," they added.
 
There is ambiguity on the stand being adopted by Congress and JD(S) leaders in respect of Thursday’s second floor test in the House, with unconfirmed reports suggesting that leaders of the two parties might even consider boycotting the proceedings to buttress their contention that the ruling BJP has lost its majority in the Assembly. A final decision is awaited late in the night.
           
Earlier in the day, a high-level delegation of national BJP leaders comprising veteran and former Deputy Prime Minister L K Advani, BJP’s Opposition leaders in Lok Sabha and Rajya Sabha Sushma Swaraj and Arun Jaitely respectively, national BJP president Nitin Gadkari and others met Prime Minister Dr Manmohan Singh demanding dismissal or at least recall of Karnataka Governor H R Bhardwaj for functioning against the dignity, honour and decorum expected of a Constitutional authority.

 

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Comment on this article

  • A.S.Mathew, U.S.A.

    Thu, Oct 14 2010

    If the Karnataka politics is
    stained with defections and
    crores of Rs circling around the
    table and under the table, how anybody can calculate the outcome?

    What is happening in Karnataka
    is not democracy, but a political
    tug of war, and whoever has the
    greatest number of dirty bullets
    at the disposal will win the
    war temporarily.

    DisAgree Agree Reply Report Abuse

  • Louis D'Souza, Udupi/Kuwait

    Thu, Oct 14 2010

    I am sure BSY is walking towards the pit prepared by Congress & JDS. Today’s win (Hopefully) will result in tomorrow’s defeat, after courts verdict. Hence BJP has not given whip to 11 rebel MLAs the court will give them a clean chit. Governor is looking for the figure for and against not bothered Yeddy will win or lose. Balance will be settled after court verdict. If Opposition is short of 5 MPS court will give clean chit to independents and the 11 rebels will be disqualified. If opposition runs short of MLAs than all 16 will be given clear chit n BSY ministry will be fall. Union govt. wants to wash its hands like Pilot and don’t want to be responsible for govt. fall. Let the truth win. Let’s pray for the same.

    DisAgree Agree Reply Report Abuse

  • KT, Mangalore

    Thu, Oct 14 2010

    @ shahnawaz, I never mention any religion name nor I like any political parties. In BJP portfolio in their character highlights difference in religions, but Congress does it with smart move, that’s why you don’t make out. So who is better the barking dog or a quite dog?

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  • Clara Lewis, Kemmannu/Dubai

    Wed, Oct 13 2010

    These politicians are fooling public, should not trust any one of them, Governer, speaker, police, lawyers, judges, CM, MLA's all together play dirty political game. There is no end to corruption. The private companies in India are stronger than government, public should support and rely on these firms and not on government, only way to teach lesson to these politicians is in next election common people should not vote anyone of these leaders.

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  • ISMAIL K PERINJE, PERINJE/YANBU-KSA

    Wed, Oct 13 2010

    THE REAL horse trading will be after verdict of 5 independent MLA's fate by H.court.If positive for Independents there could be 100-200 crores of rupees waiting for 'JOLLU SURISUVA' MLAs !!!Karanata's future for the time being and another two years are very dark irrespective of who ever rules.

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  • shahnawaz kukkikatte, dubai/udupi

    Wed, Oct 13 2010

    @KT/Mangaslore,

    No doubt I agree with you with what you have siad about congress. But one thing you must agree with me that congres never made hindus and muslims to fight as your BJP has done it. Under BJP neighbours dont trust each other. Rest is fine.

    DisAgree Agree Reply Report Abuse

  • Wilson DSouza, Paladka

    Wed, Oct 13 2010

    After the initial ugly scenes, Karnataka politics has become almost become an interesting cricket match with curious developments at every stage. That is the power of politics. Even though you can't appreciate politics, you can't either stay away from it for long....

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  • Vanamali, Udupi

    Wed, Oct 13 2010

    Very simple...just remember our national emblem "Satyameva Jayate" - Finally truth will win..

    DisAgree Agree Reply Report Abuse

  • KT, Mangalore

    Wed, Oct 13 2010

    @ shahnawaz kukkikatte, you say “ We need a good and clean governance and not religion based on”. Defiantly you are hinting towards Congress. Don’t you think Congress also using religion for Vote bank? You know that Shahnwaz and everyone know. If you ask me I would say every politician of every political party is corrupt person. India should think of implementing new laws and rules for politicians.

    DisAgree Agree Reply Report Abuse

  • K.Raghava Mayya, Padil, Mangalore 7

    Wed, Oct 13 2010

    The Governor has fallowed Central Order i.e., to seek 2nd vote of confidence. The Center was reluctant to impose President's rule as recommended by the Governor.

    DisAgree Agree Reply Report Abuse

  • shahnawaz kukkikatte, dubai/udupi

    Wed, Oct 13 2010

    The Congress and JDS must stay away from power at least another 2.5 years and allow BJP to complete its term. In the current economic turmoil, certianly we dont another mid term election slaped on us. However, I sincerely wish the current govt does its work peroperly, make it corrupt free and avoid political uncertainity and political typhoon in our state, He control mining barons, brings back our wealth to our people and give a good governance.

    We need a good and clean governance and not religion based on. This is high time that Yeddy distance himself from comunual card and entrust himself to development, peace and prosperity our state. United we stand Yeddy, or else we fall and your fall is almost near and dont give one more opportunity to your opponents and critics. Have a strong political will. Dont cry on the dias and stop shedding croc tears. Average kannadiga wishes for basic amenity and dont waste our states wealth for buying and selling MLAs. Stop operation kamala.

    DisAgree Agree Reply Report Abuse

  • Surendra Shetty, Kinnigoli/Nigeria

    Wed, Oct 13 2010

    Under the dirty circumstances the MLAS were disqualified it is certain & sure all the disqualified MLAS will return with win.There is no doubt. They were disqualified after they withdrew support to Govt which is clear case of settling grudge against them. Governors' decision is blessing in disguise to CM & is totally a wrong decision. Finally Kumaraswamy is emerging as the leader of Karnataka .He has only 28 MLAS & his party is the real opposition.JD(S)&Cong must come together asap

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  • thomasaquin, mangalore/png

    Wed, Oct 13 2010

    Why make a fool of yourself when the governor has done you a favor. Stop asking for his tranfer. YOU WILL WIN ANYWAY!!Cong or JD have no leaders.....P.S: I am against you!!!

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  • Gurudath, M'lore/Mumbai

    Wed, Oct 13 2010

    High court judges are definitely wise. About 'rebel' BJP MLAs there is no doubt. They have to go. Whether now or after a one week notice (noone knows what they'll do in the notice period!). The anti-defection law is very clear. Doubt is only about independent MLAs.

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  • purohit , Udupi

    Wed, Oct 13 2010

    We saw a year back MR CM showing grievences to the public when reddys revolted . We were all happy that a good man has come finally to politics. Exactly after a year we are seeing the same CM in the current situation of sorry pathetic stage. He has crossed every limit possible to save himself.Shame Shame shame

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  • Langoolacharya, Belman/USA

    Wed, Oct 13 2010

    Yeddy,

    Sooner or later High Court will give relief to 5 independents, if not Supreme court for sure will....

    Regarding 11 BJP rouge MLA's.... tough call to make... this may take long time to decide...unlikely to get any interim relief....

    Yeddy, be prepared to have atleast 106 MLA's for majority....

    For your kind information, Somanna, Vijay Shanker, are not MLA's ,,, in this difficult situation, why the heck, you wanted to induct them to cabinet instead of 4 time MLA's like Shankara Linge Gowda, Yogish Bhat... only you know.....

    Now, even if you get 106 votes and win confidence vote, these sucker's will blackmail you and make your position miserable in long run...and disgust voter's to vote against you in next elections, and make HDK look like a sweet little angel!!!!

    Jai Hoooooooooooooooooooooooooo

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  • rajesh, mangalore/dubai

    Wed, Oct 13 2010

    what about the governor's recommendation to the union govt about imposing prez rule?the governor gave clearly stated that constitutional breakdown has happened in karnataka.so what made governor to change his stance?the second chance which he gave clearly says the recommendation to the union govt by him is false.or the union govt has given direction to him that enough is enough..dnt put us in a embarrasing situation especially assembly election is nearing.

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  • rameez, mangalore, dammam

    Wed, Oct 13 2010

    TRUST VOTE RESULT

    it wil go by this way.. :)

    BJP present - 105
    varthur - 1
    Total - 106


    Congress - 73
    JDS - 28
    Total - 101


    After court decision on monday the independents gonna win the verdict.

    so another 5 for cong-jds

    its a tie 106 - 106

    finally its BOOPAIAH's turn now

    he wil raise hand for BJP
    n yaddi gonna rule for another two years.. :D

    DisAgree Agree Reply Report Abuse

  • Dev, Mangalore

    Wed, Oct 13 2010

    By biting the bullet-BJP has proved the governor's earlier recommendation that the previous voice vote was farce & illegal, rather than saying we are ready for floor test any number of times.
    High Court judges have become very clever these days, as they don't want to interfere & themselves called partial in these times of unfound allegations flying thick & high accusing every person of authority as partial.

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