Karnataka HC adjourns disqualified MLAs` case to January 17

Karnataka High Court on Monday adjourned to January 17 the hearing on the petitions of five independent MLAs challenging their disqualification from the Assembly under the anti-defection law in October last year.

Last Updated: Jan 10, 2011, 19:07 PM IST

Bangalore: Karnataka High Court on Monday adjourned to January 17 the hearing on the petitions of five
independent MLAs challenging their disqualification from the
Assembly under the anti-defection law in October last year.

As the final hearing resumed, senior counsel PP Rao,
appearing for the MLAs, argued that Speaker KG Bopaiah`s
October 10 order disqualifying them was "totally perverse".

Rao submitted before the full bench, comprising Justice
Mohan Shantanagoudar, Justice S Abdul Nazeer and Justice AS
Bopanna, that the order was "manipulative" to save the
government, noting that it had been issued just hours before
the vote of confidence by the BJP government.

He argued that each independent MLA is a "separate group"
and the Assembly records showed them as independents; neither
was there any communication to the Speaker to say that they
have joined BJP.

"There is total lack of evidence (to suggest that they have
joined BJP)," Rao contended. His arguments remained
inconclusive.

The five MLAs PM Narendraswamy, Shivaraj S Thangadagi,
Venkataramanappa, D Sudhakar and Gulihatti D Shekhar were
disqualified along with 11 BJP MLAs after they withdrew their
support to BS Yeddyurappa government.

The 16 MLAs were disqualified on the basis of a complaint
filed by Yeddyurappa on October 7. The disqualifications came
on the eve of the BJP government seeking a trust vote.

The High Court had upheld the disqualification of the 11
BJP MLAs and their appeal challenging the order is pending
before the Supreme Court.

PTI