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Karnataka court upholds 11 BJP legislators' disqualification
Thursday, October 21, 2010 10:43:34 PM, IANS
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Bangalore: The
Karnataka High Court Friday upheld the disqualification of 11
rebel lawmakers of the ruling Bharatiya Janata Party (BJP) from
the state legislative assembly by Speaker K.G. Bopaiah.
Justice V.G. Sabhahit upheld the speaker's Oct 11 decision under
part 2(1)(a) of the 10th schedule of the Constitution, pertaining
to the anti-defection law.
Justice Sabhahit is the third judge who heard the disqualification
case after a division bench of Chief Justice J.S. Khehar and
Justice N. Kumar delivered a split verdict Oct 18.
The 11 disqualified legislators are Gopalakrishna Beluru, Anand
Asnotikar, Balachandra Jarkiholi, B.N. Sarvabhouma, Bharamgowda H.
Kage, Y. Sampangi, G.N. Nanjundaswamy, M.V. Nagaraju, Shivan Gowda
Nayak, H.S. Shankaralinge Gowda and Bellubbi Sangappa Kalappa.
The speaker disqualified the rebel legislators on an Oct 8
petition of the ruling party after they submitted a letter to
state Governor H.R. Bhardwaj Oct 6, withdrawing support to the
first BJP government in south India and for expressing lack of
confidence in the leadership of Chief Minister B.S. Yeddyurappa.
Along with the 11 legislators, five Independents were also
disqualified on the same grounds after the speaker served
show-cause notice Oct 8 and gave them time till Oct 10 to explain
why they should not be disqualified for indulging in anti-party
activities.
The disqualifications of the 11 rebel NJP lawmakers and five
Independents came only hours before Yeddyurappa was to take the
confidnece vote in the assembly. The vote by voice was marred by
bedlam in the house.
Of the 11 BJP legislators, Asnotikar and Jarkiholi were ministers
as were four of the five Independents in the 34-member cabinet.
The disqualification case of the five Independents is scheduled to
be heard Nov 2 by another division bench, which is yet to be
constituted by the chief justice.
The five disqualified Independent members of the assembly are
Shivaraj S. Tangadagi, Venkataramanappa, P.M. Narendra Swamy, D.
Sudhakar and Gulihatti Shekar.
On the direction of the governor, Yeddyurappa, however, took
another trust vote Oct 14 by division of votes and won it with
106-100 margin in a house with effective membership of 209,
including one nominated and two legislators abstaining from the
special sessions.
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