Bangalore: Speaker Tells HC his Actions are Above Judicial Scrutiny

Bangalore, Nov 12 (PTI): State Assembly Speaker K G Bopaiah today submitted in the state high court that his order disqualifying five independent MLAs cannot be called into question as his actions were protected from judicial scrutiny under Article 212 of the Constitution.

In his affidavit in the court following a petition by the MLAs challenging their disqualification, Bopaiah, citing provisions of the anti-defection law, said the Speaker's order was final in proceedings about disqualification of a member.

Chief Minister B S Yeddyurappa, in a separate submission, opposed the plea of the independent MLAs--Shivaraja Thangadagi, P M Narendraswamy, Gulihatti D Shekhar, Venkataramanappa and D Sudhakar--for impleading him in the case.

They were disqualified along with 11 rebel BJP MLAs last month after they withdrew support to the Yeddyurappa Government. The court had upheld the disqualification of the 11 BJP MLAs.

Bopaiah contended that as per para 6 (2) of the Tenth Schedule of the Constitution, all proceedings about disqualification of a member shall be deemed to be proceedings in the legislature of the state within the meaning of Article 212 of Constitution and under para 6 (1) of the Tenth Schedule, the order of the Speaker was final.

"As per Article 212 of the Constitution, the validity of any proceedings in the state legislature cannot be called into question on the ground of any alleged irregularity of proceedure and no officer or member of the state legislature, on whom such powers are vested, shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers", the Speaker submitted.

Bopaiah said while passing the impugned order, he had only exercised the powers vested in him under the Tenth Schedule and that his actions were protected from the judicial scrutiny.

"In spite of this, I am filing the present affidavit because of my utmost respect to the honourable Court, without in any way waiving any of the protection granted to me by the Constitution of India", he said..

His affidavit comes following the notice by the division bench of the High Court, comprising justices Mohan Shantanagoudar, S Abdul Nazeer and A S Bopanna, on an application filed by the five independents who have challenged their disqualification.

Bopaiah submitted that allegations and contentions regarding contravention of rules, breach of principles of natural justice and malafides made by the petitioners were false and baseless.

He specifically denied as "baseless" the allegation that he passed the orders by yielding to the pressure from Yeddyurappa or on account of allegiance or commitment to BJP.

"I repeat that I have no personal interest in the matter and unnecessarily have been impleaded as a party in the writ petitions."

In his objections on the application, Yeddyurappa contended that "reckless allegations" were made against him by the petitioners only to politicise the issue and scandalise him. He specifically denied all allegations, including malafides, fraud and collusion.

The Chief Minister said the application seeking to implead him was not maintanable and prayed for its rejection as well as striking off the allegations made against him.

Meanwhile, both parties concluded arguments in respect to four applications filed by the petitioners -- amended application, application for additional grounds and an application each seeking to implead the Chief Minister and the Speaker in person.

"Orders are reserved for pronouncement on Monday (November 15) (with respect to the four applications)", Justice Shantanagoudar, heading the bench, said. The main petition challenging the disqualification of the MLAs is pending before the court.Yeddyurappa Government had survived the crisis triggered by the withdrawal of support by the MLAs facing two floor tests .