Speaker tells HC his actions are above judicial scrutiny

Karnataka Assembly Speaker K G Bopaiah submitted in the state high court that his order disqualifying five independent MLAs cannot be called into question.

Updated: Nov 12, 2010, 19:37 PM IST

Bangalore: Karnataka Assembly Speaker K G
Bopaiah on Friday 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.

PTI