Bangalore: HC Split on Fate of 11 BJP MLAs: Third Judge to Hear on Oct 20

Gabriel Vaz
Daijiworld Media Network - Bangalore

Bangalore, Oct 18: The beleaguered Karnataka Chief Minister B S Yeddyurappa, who had proved his majority on the floor of the Karnataka Assembly twice in a matter of three days last week, has won a temporary reprieve with the Division Bench of Karnataka High Court being divided on the disqualification of the 11 BJP MLAs.
         
While Karnataka High Court Chief Justice J S Kehar upheld the disqualification of the 11 BJP MLAs, the other member of the Division Bench Justice N Kumar disagreed and set aside the disqualification.

Consequently, the Division Bench has referred the matter to be heard by the third judge on October 20 which in cricket parlance is equivalent to asking the opinion of the third umpire. However, the twist is that the third judge in this case, will be hearing the arguments from both sides afresh to make up his mind.

Thus, the third judge may not come with his judgement immediately and until then the Chief Minister appears to be safe.
         
In the meanwhile, the hearing on disqualification of the five independents, which was posted for hearing on this afternoon, has been  referred by the two-man bench to a the matter to a division bench which will hear it on Nov 2.

Justice Khehar said the case of 11 MLAs will be posted before a third judge who will hear it on October 20.

On the 5 Independent MLAs case, the bench said: ''We are of the view it should go to some other bench. We will post it before some other bench.”

It may be recalled that the Governor H R Bhardwaj had asked the Chief Minister to prove his majority on the floor of the House by 5 pm on October 12 following the submission of a letter to him on October 6 by 20 MLAs, including seven ministers – five of whom were independents.

The Chief Minister decided to convene the Assembly session on October 11 morning. However, the Speaker hurriedly conducted hearing in respect of 16 MLAs and issued orders for their disqualification on October 11 morning, with the remaining signatories to the letter to the Governor returning to the Chief Minister’s camp.

As a result of this disqualification and the consequent reduction in the strength of the 224-member Assembly, the assembly speaker K G Bopaiah held that the motion expressing confidence of the House in the council of ministers headed by the Chief Minister was carried by voice vote, even though the 5 Independents managed to be attend the session held amid tight security.

All the 16 disqualified MLAs, including 11 from BJP and 5 Independents, had filed separate writ petitions on October 11 itself before the High Court challenging their disqualification.

In the meanwhile, the Governor had termed the floor test victory by Yeddyurappa by voice vote amid bedlam and chaotic scenes as a ''farce” and sent a report on October 11 afternoon to the Centre recommending dismissal of the Yeddyurappa ministry and imposition of President’s Rule in the State.

But, obviously under pressure from the Centre to undo the damage, the Governor convened an unprecedented news conference in Raj Bhavan on October 12 morning. even as the Chief Minister had flown to Delhi by a special flight with all his 105 MLAs for holding a parade in front of Raj Bhavan, that he would offer a second chance to Yeddyurappa to prove his majority by October 14.

Though Yeddyurappa and the ruling party initially opposed the second floor test, they quickly changed their stance after learning that the High Court had put off the hearing till October 18 and returned to Bangalore on October 13 night.

The Division Bench, however, had ruled that the vote in the House will be subject to its verdict on the petitions against disqualification.

Accordingly, the second vote of confidence was taken on October 14, strictly in accordance with all the rules, and the Chief Minister registered his victory by 106 to 100 votes.

The ruling party had managed on October 13 to lure another Independent MLA, Varthur Prakash, who had disassociated himself from BJP and joined JD(S), and agreed to vote for the Chief Minister.

Another JD(S) MLA from Channapatna, M C Ashwath, abstained and subsequently resigned his seat. The BJP MLA from Lingsugur, Manappa Vajjal, also remained absent.

Thus, the Yeddyurappa regime appears to have continued to hold its facile majority in the Assembly.

The final decision of the single judge on October 20 or later in respect of the disqualification of the 11 BJP MLAs, and the second division bench, which will hear the petitions of the 5 Independents on November 2 will decide whether Yeddyurappa will continue to rule the State.
         
Significantly, the last word on the subject will have to come from the Supreme Court as whichever party wins in the Karnataka High Court will surely approach the apex court.

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