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Karnataka government safe
HC upholds MLAs’ disqualification
Shubhadeep Choudhury
Tribune News Service

Bangalore, October 29
In a huge relief to Chief Minister BS Yeddyurappa, Justice VG Sabhahit of the Karnataka High Court today upheld the disqualification of 11 rebel party MLAs by Assembly Speaker KG Bopaiah on October 11.

The case was referred to the single judge after a division bench of the High Court gave a split verdict, with Chief Justice JS Khehar upholding the Speaker’s order and Justice N Kumar setting it aside.

A total of 19 MLAs — consisting of 14 BJP rebels and five Independents supporting the BJP government in the state — wrote identical letters to the Governor on October 6 withdrawing support to the Yeddyurappa-led government and urging the Governor to initiate appropriate “Constitutional process”.

Sixteen out of 19 MLAs were later disqualified by the Speaker on the eve of the crucial trust vote in the Assembly on October 11. Governor HR Bhardwaj told Yeddyurappa to hold a trust vote in the Assembly in view of the withdrawal of the support to him by the MLAs.

Justice Sabhahit — while upholding the Speaker’s order that the letter written by the MLAs to the Governor amounted to voluntarily giving up the membership of BJP — said “the Governor has no power to direct legislative party to change the Chief Minister or to change the leader of the legislative party”.

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