During arguments, one of the counsels for the rebel BJP MLAs submitted the MLAs had not withdrawn their memembership from the party but had “only expressed lack of confidence in the Yeddyurappa Government because of rampant corruption and nepotism”.
The 16 disqualified MLAs of Karnataka on Monday moved the Karnataka High Court with a petition challenging the action against them by the Assembly Speaker. The High Court adjourned till Tuesday the hearing on the petition filed by the MLAs, including 11 of the Bharatiya Janata Party, 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.
“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, Mr. Sorabjee sought time till Tuesday and the matter was adjourned forthwith.
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