Disqualified MLAs pray for quashing of Speaker`s order

The 16 disqualified MLAs of Karnataka today moved the state High Court with a petition challenging the action against them by the Assembly Speaker.

Last Updated: Oct 11, 2010, 21:22 PM IST

Bangalore: The 16 disqualified MLAs of
Karnataka today moved the state High Court with a petition
challenging the action against them by the Assembly Speaker.

The High Court adjourned till tomorrow the hearing on the
petition filed by the MLAs, including 11 of BJP, who have
sought quashing of the orders of Speaker K G Bopaiah, terming
it as a "clear violation of statutory rules".

"The disqualification rules and procedures which have
been laid down in the Constitution have not been complied with
at all", they submitted when their petition came up for
hearing before a Division Bench comprising Chief Justice J S
Khehar and Justice N Kumar.

During arguments, one of the counsels for the rebel BJP
MLAs submitted the MLAs had not withdrawn their membership
from the party but had "only expressed lack of confidence in
the Yeddyurappa Government because of rampant corruption and
nepotism".

"The government through its widespread corruption has
forfeited the confidence of the people", he submitted, adding
"we are concerned with the Constitutional disqualification
which can happen only when we (MLAs) resign from the
membership. The power of disqualification should be lodged
not with the Speaker but with the Election Commission," the
Counsel contended.

Former Solicitor General Soli Sorabjee, appearing for the
BJP government, submitted the order was in "full compliance
with natural justice under the 10th Schedule of the
Constitution".

When Chief Justice J S Khehar sought some clarification,
Sorabjee sought time till tomorrow and the matter was
adjourned forthwith.

-PTI