Bangalore: The Karnataka High Court Tuesday issued notice to state Assembly Speaker KG Bopaiah on
petitions filed by five Independent MLAs, challenging their
disqualification from the Assembly.
A bench comprising Justices Mohan Shantanagouder, S
Abdul Nazeer and AS Bopanna also posted the matter for
further hearing on November 8.
The independents had withdrawn their support to the
BJP government following which Bopaiah had disqualified them.
The independents, with whose support BJP formed its
first-ever government in the South, have maintained in their
petitions that they did not attract anti-defection laws as
they were elected as independents, not on BJP`s symbol.
BJP has argued that the independents, inducted into
the ministry, had become part and parcel of the party as they
had attended legislature party meetings and accepted whip in
the Rajya Sabha biennial polls.
The BJP has a strength of 106, including the Speaker,
in the 224-member Assembly. It also enjoys support of the lone
independent, Varthur Prakash. Congress has 71 and JDS 27.
On October 21, the court had rejected the plea of
independents to allow them to vote in the second trust vote
the next day, but had said that the result of motion of
confidence would be subject to its final verdict.
After a split verdict, the third judge, Justice VG
Sabhahit, had last week upheld upheld the disqualification of
11 rebel BJP MLAs who had withdrawn support.