Justice VG Sabhahit, to whom the matter was referred after a split verdict by a division bench, today gave his verdict in which he concurred with Chief Justice JS Khehar, who had upheld speaker KG Bopaiah's October 10 disqualification order.
In a big shot in the arm for the BJP government in the state, a third judge of the Karnataka high court today upheld the disqualification of the rebel party MLAs from the assembly.
Justice VG Sabhahit, to whom the matter was referred after a split verdict by a division bench, today gave his verdict in which he concurred with Chief Justice JS Khehar, who had upheld speaker KG Bopaiah's October 10 disqualification order.
Justice N Kumar, part of the division bench, had differed with the chief justice and set aside the disqualification order.
Today's order may obviate the need for any fresh vote of confidence in the assembly as the court had earlier ruled before the second confidence vote this month that its outcome would depend on the verdict on the petitions of the 16 disqualified MLAs, including 5 independents.
The question of another floor test may arise only if the Supreme Court reverses the verdict of the high court on any petition the dissident MLAs may file.
In his 126-page order, Justice Sabhahit said the October 6 letter of 11 MLAs to governor HR Bhardwaj withdrawing support to the BJP government would lead to the inevitable inference that their intention was to voluntarily give up party membership.
"The speaker's order is in consonance with provisions of Para 2(1)(a) of the 10th Schedule of the Constitution", he said concurring with the opinion expressed by the chief justice.
The judge observed that it is clear that though the petitioners had incurred disqualification on October 6, the decision is ex post facto and the Speaker is entitled to take into account the material produced before him, which is not disputed by the legislators against whom action was sought to be taken.
"The writ petitions may be placed before the division bench for passing the final order", Justice Sabhahit said.
Shortly after the verdict was delivered, counsel for rebel MLAs said they would challenge the order before the Supreme Court, while ruling party leaders welcomed it as a "triumph for truth".
"This is an epoch making verdict and a major step towards eradicating the menace of defection in the country, a relieved Yeddyurappa said, adding "this order has come as a warning bell to those who indulge in defection".
BJP leader M Venkaiah Naidu said the verdict would act as a deterrent for all political defectors across the country and ruled out taking back the rebels, whom he described as "traitors".
Former chief minister and JD(S) leader HD Kumaraswamy, who had spearheaded the rebellion in BJP by taking the rebel MLAs out of the state earlier this month, expressed his continued support to them in what he described as "their fight against corrupt BJP government".
Justice Sabhahit said it was well settled that in order to conclude that the petitioners have voluntarily given up the membership of BJP, it is not necessary they should expressly submit their resignations as the fact of voluntarily giving up membership of the legislature party may be expressed or implied as held by the apex court in the Jagjit Singh case.
"It may also be inferred from the conduct of the petitioners and material on record is not disputed by the learned counsel appearing for the petitioners", he said.
"There is also no merit in the contention that proof of expression of dissent would not amount to defection", the judge said, in the much-awaited verdict, ending the prolonged suspense over the fate of the government.
The petitions filed by five independent MLAs challenging their disqualification will come up for the next hearing on November two.
The disqualification of 16 MLAs - 11 BJP rebels and 5 independents - and resignation of three others has brought down the effective strength of the 224-member assembly to 205.
At present the BJP has a strength of 106, including the Speaker, and the support of Varthur Prakash, an independent. The Congress has 71 members and JD(S) 27.
The high court had ruled on Oct 21 that the outcome of the second floor test on October 22 would be subject to its verdict on the petitions by disqualified independent MLAs.
The withdrawal of support by the 16 MLAs had put the first-ever BJP government in the South to the severest test of survival since it assumed office more than two years ago.
Acting swiftly on letters by rebel MLAs and five independents, the Governor had asked Yeddyurappa to prove his strength in the assembly on or before October 12, a day before which the speaker had disqualified the 16 MLAs.
Yeddyurappa won the vote of confidence by voice vote, which was seen as unconstitutional by the governor, who asked him to demonstrate his majority for the second time on October 22.
The BJP government survived the second floor test by a 106-100 margin.
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