Justice Sabhahit Postpones Hearing on 11 Disqualified BJP MLAs to Oct 21

From Our Special Correspondent
Daijiworld Media Network - Bangalore

Bangalore, Oct 20: The suspense over the disqualification of the 11 BJP MLAs and also the fate of Karnataka Minister B S Yeddyurappa’s 28-month-old ministry continued for another day with Justice  V G Sabhahit, the third judge asked to adjudicate the writ petitions following division between the division bench comprising Chief Justice K S Kehar and Justice N Kumar, postponing the hearing till Thursday October 21 morning.
               
Justice Sabhahit, who heard arguments by advocates on behalf of the 11 disqualified BJP MLAs  K G Raghavan, B V Acharya and Ravi Varma Kumar for the entire day from morning 10.30 am till 4.45 pm, decided to adjourn the hearing till tomorrow morning.

The court will resume its hearing on Thursday at 10.30 am, when Prof Ravi Varma Kumar, will continue his arguments.
               
The advocates representing the respondents, the Chief Minister, the Assembly Speaker K G Bopaiah and BJP Legislative Party are expected to commence their arguments on Thursday.
               
It is, however, not clear as to when the hearing of arguments from both sides will be completed or when the final judgement on the validity of the disqualification of the 11 BJP MLAs can be expected.
               
The hearing in the court hall of Justice Sabhahit aroused widespread curiosity and is viewed with anxiety in the ruling party as quashing of the disqualification as was done by Justice Kumar would mean the certain fall of the Yeddyurappa regime, if the 11 MLAs stick to their stand in the event of securing a reprieve from the High Court.
               
However, the matter is definitely headed for the Supreme Court as the aggrieved party can be expected to approach the apex court irrespective of whichever side wins.
               
Meanwhile, the hearing on the disqualification of the 5 Independent MLAs, which has also been  referred to another separate division bench, has been posted for November 2.
                
The Yeddyurappa regime, however, does not expect any problem even if the disqualification of the 5 Independents is quashed as the ruling BJP had proved a 106 to 100 victory in the second floor test in the Assembly on October 14. With the Speaker’s vote and the resignation of two opposition MLAs – Channapatna MLA of JD(S) M C Ashwath and Jagalur MLA of Congress S V Ramachandra – from the Assembly, BJP is assured of a support from 8 MLAs more than the combined Congress and JD(S) parties.

Incidentally, the BJP MLA from Lingsugur, Manappa Vajjal, who had abstained from the Assembly on both the occasions when the motion for trust vote was moved by the Chief Minister on October 11 and 14, has reportedly decided to support the Chief Minister. If this MLA sticks to his stand, the ruling party’s margin over the combined opposition goes up to 9.
               
By persuading another few 'friendly' MLAs from Congress and JD(S) to resign their seats through 'Operation Kamala,' BJP can still hope to sail through and improve its margin in the House.

Apart from carrying out 'Operation Kamala' on the Opposition members by persuading them to resign their seats, the ruling party sought to take disciplinary action against 15 MLAs comprising 7 from Congress and 8 from JD(S) for their unruly behaviour in the Assembly on October 11 and keeping them out of the House.

Based on a complaint by BJP MLA, C T Ravi, the Speaker has already constituted a House Committee headed by senior party MLA, Appachchu Ranjan, obviously with the intention of reducing the strength of the Opposition. The Appachchu Ranjan committee has been asked to give its report within 15 days, which probably suits the Yeddyurappa regime on account of the expected delays from High Court on the disqualification.

The JD(S) state president and former Chief Minister H D Kumaraswamy, who lashed out at the ruling BJP for resorting to Operation Kamala shamelessly said: "If the Chief Minister does not want the Opposition, all our MLAs are prepared to resign. Why go to the trouble of offering money and positions by luring Opposition MLAs?"

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