Independent MLAs’ case adjourned by Karnataka high court

The Karnataka high court on Monday resumed hearing on the petitions filed by five independent MLAs challenging their disqualification in October last under the anti-defection law.

The arguments will continue on Tuesday. Senior counsel PP Rao, appearing for independent MLAs, argued that the stipulated procedure had not been followed before issuing the disqualification orders. The speaker did not give sufficient time for the legislators to reply, he added.

D Sudhakara, PM Narendraswamy, M Venkataramanappa, Goolihatti Shekar and Shivaraj Tangadagi were disqualified on October 10 by speaker KG Bopaiah after they, along with 11 BJP MLAs, withdrew support to the Yeddyurappa government. The disqualification came hours before the BJP sought a trust vote.

The five independent MLAs have challenged their disqualification on the grounds that they did not attract the provisions of anti-defection law as they were elected as independents and had never joined the BJP.  The high court had upheld the disqualification of 11 BJP MLAs and their appeal challenging the order is pending before the Supreme Court.