In a first, high court notice to Karnataka speaker

A three-judge bench of the Karnataka high court on Tuesday ordered issuing of notice to speaker KG Bopaiah and chief minister BS Yeddyurappa, seeking their responses to a petition filed by five independent MLAs who were disqualified from the state assembly on October 11.

Justices Mohan Shantanagoudar, S Abdul Nazeer and AS Bopanna on Tuesday adjourned hearing on the petition filed by the Independents, seeking the quashing of the speaker’s order, to November 8.

It has been pointed out that a HC notice to speaker is unprecedented in the state’s history and may lead to a potential clash between judiciary and speaker’s institution.

The five independents along with 11 BJP rebel MLAs were disqualified after they had written a letter to governor HR Bhardwaj, withdrawing support to the BJP government.

BV Acharya, former advocate general, told DNA that issuance of notice to speakers is nothing new. He says: “Whenever a case of disqualification arises, aggrieved members make speaker a party and court will issue notice to him.”