Judge VG Sabhahit heard the arguments from the counsels of the petitioners and chief minister BS Yeddyurappa during the two-day hearing which concluded today.
The Karnataka high court today reserved its orders on petitions filed by 11 rebel BJP MLAs challenging their disqualification, prolonging the suspense in the legal battle with a bearing on the BS Yeddyurappa government.
Judge VG Sabhahit heard the arguments from the counsels of the petitioners and chief minister BS Yeddyurappa during the two-day hearing which concluded today.
On Monday, a division bench comprising Chief Justice JS Khehar and Justice N Kumar referred the case to the third judge, Justice Sabhahit, after a split verdict.
The chief justice had upheld the speaker KG Bopaiah's order disqualifying the 11 BJP rebels, while Justice Kumar set it aside.
Former attorney general Soli Sorabjee and Satyapal Jain, counsels for Yeddyurappa, today argued that Bopaiah not only relied on October six letter of the 11 MLAs withdrawing support to the government but also on their conduct. The counsel submitted that the speaker's order on October 10 is "not perverse at all".
The 11 legislators have not denied the speaker's statements with regard to their entering into negotiations with other political parties, Sorabjee contended. "None of the (speaker's) statements have been assailed or contested".
On the rebels October six letter to the governor in which they said there was widespread corruption, nepotism, favouritism, abuse of power and misuse of government machinery in the Yeddyurappa government's functioning, Sorabjee asked, "You were part of the Cabinet. What happens to the collective responsibility", obviously referring to three ministers part of the group of the 11 MLAs.
He sought to reject the argument of the 11 MLAs that they only wanted the chief minister's removal and that they are ready to support BJP government headed by anybody other than Yeddyurappa.
On the MLAs' letter withdrawing support to the government led by Yeddyurappa, Sorabjee argued it was enough to mention only the government, "There is no need to mention that it's headed by so and so, which is only descriptive."
He underlined that what's important is the state government. "Headed has no meaning. It does not make a difference who is heading. Heading is so meaningless."
Jain said the petitioners never challenged "any findings recorded by the Speaker" on the disqualification. "There is no submission in the petition (to the speaker) that his order is perverse.
"Even if a member does not say that he is voluntarily giving up his membership, an inference can be drawn from the conduct of the member that he is voluntarily resigning from the membership," he argued.
Later speaking to reporters, law minister Suresh Kumar said, "The arguments took place in a congenial manner and all the parties have been heard."
To a query, he said, "After observing the court proceedings for two days, we are confident about the outcome of the judgement. Since it (judgement) has been reserved, we have to wait for it," he said.
Describing it as a "landmark case", Kumar said, "Many legal issued are involved. We are confident that the judgement would take into account all gamuts of law."
To a question on the various grievances and allegations made by the rebel MLAs, Kumar said, "They did not choose to speak about this to any of the leaders in the party, instead they chose to speak to the governor. Raj Bhavan is not the proper forum to ask for change in leadership. This shows that they have dissociated themselves from the party."
Denying any "instability" in the government, he asserted "there is stability in the government" and it would carry forward the development works of the state.
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