Bangalore: Chief Minister BS Yeddyurappa
on Monday submitted before the Karnataka High Court that he cannot be
impleaded for disqualification of five independents, as the
decision was taken by Speaker KG Bopaiah on a petition filed
by some voters from their Assembly constituencies.
Counsel for Yeddyurappa argued that "he is not a party
before the Speaker" in the case and that it was a "dispute"
between the Speaker and the MLAs who withdrew support to the
BJP-led government, for which they were disqualified from the
Assembly on October 10.
The three-judge bench, comprising Justice Mohan
Shantanagoudar, Justice S Abdul Nazeer and Justice AS
Bopanna, told the Counsel that the MLAs made "prima facie
allegations" against the Chief Minister.
"It`s for you (Yeddyurappa) to participate (by
impleading in the case and becoming a party) or not. Tomorrow,
you cannot say that notices were not issued," Justice
Shantanagoudar, speaking for the bench, said.
The Counsel submitted that objections would be filed
on the application of the five MLAs -- Shivaraj S Thangadagi,
D Sudhakar, Gulihatti D Shekhar, Ventakaramanappa and P M
Narendraswamy -- seeking to implead Yeddyurappa in the case.
Counsel for the MLAs alleged that the Speaker`s
"hurried order" was to "manipulate majority" for the
Government. "It`s necessary that he (the Chief Minister) is
Counsel for the Chief Minister sought time to file
objections. The bench decided to hear the case on November 12.
Challenging their disqualification, the independents
had filed a petition contending that they did not attract
anti-defection laws as contended by BJP as they were elected
as independents, not on party`s symbol.
On October 9, some voters from the constituencies of
these MLAs had filed a complaint before Bopaiah, on the basis
of which the Speaker disqualified them the next day.
On October 27, they filed another petition contending
that the Speaker had erred in disqualifying them on the basis
of representations made by these voters.
The High Court had earlier upheld the disqualification
of 11 BJP rebel MLAs who had withdrawn support to the
Yeddyurappa government which has managed to survive after
facing two floor tests in the assembly.