Bangalore, October 18
A split verdict by the high court here today gave another lifeline to the Yeddyurappa government that was rattled by the Opposition propaganda that its trust vote victory in the Assembly on October 14 could be undone by a court verdict in favour of the MLAs disqualified by the Speaker.

Interestingly, the case regarding the five disqualified Independent MLAs, which was the central focus of the Opposition campaign and also raised by Leader of the Opposition Siddhramaiah in the Assembly on October 14, was relegated to the background today as the case of the rebel BJP legislators took the centre stage.

Dashing the Opposition parties’ hope that the disqualified Independent legislators could get reprieve from the court today, the case was adjourned to November 2 for next hearing.

The Division Bench of Chief Justice JS Khehar and Justice N Kumar, after having earlier reserved the order in the case of the rebel BJP legislators, pronounced its verdict today. Since two judges have failed to agree on the crucial issue, that is whether the disqualified BJP rebels had voluntarily given up the membership of the party or not, the case has been referred to a third judge. The new judge will hear the case on Wednesday (October 20).

Both judges agreed that there was no malafide intention on the part of the Speaker in the disqualification of the MLAs. According to Satyapal Jain, defence counsel, the judges also agreed that there was no violation by the Speaker of any rule and that he did not violate the principles of natural justice.

While Chief Justice Khehar ruled that the petitions filed by the disqualified rebel BJP MLAs be dismissed, Justice Kumar held that the rebel MLAs did not leave the party.

In view of their differences, the Division Bench today decided that the case regarding the disqualification of five Independent MLAs would be heard by another Division Bench. On October 11, on the eve of a trust vote in the Assembly, the Speaker disqualified 16 MLAs, including 11 BJP rebels and five Independent MLAs.

Not satisfied with the ruling BJP’s victory on October 11 by a voice vote, Governor HR Bhardwaj asked Chief Minister Yeddyurappa to face a fresh trust vote on October 14. In the absence of 16 disqualified MLAs, who failed to get any relief from court, the BJP sailed through the second trust vote with 106 votes in its favour and 100 votes against it.