Disqualified BJP MLAs are in touch with a top constitutional lawyer in New Delhi to seek a stay on the high court verdict from the Supreme Court (SC).
Disqualified BJP MLAs are in touch with a top constitutional lawyer in New Delhi to seek a stay on the high court verdict from the Supreme Court (SC).
“When the court reopens after the Diwali break a week later, a substantive petition will be filed and the court will be urged to stay the operation of the [high court] judgment that has thwarted the attempts by a section of the MLAs concerned to get rid of a corrupt government,” the lawyer, who has appeared in a number of cases relating to the anti-defection law, said.
Speaking on the basis of a “reliable” briefing he had from a lawyer in Bangalore, the senior counsel said the first and foremost ground of attack against the judgment could be that the MLAs who acted for the benefit of the party have been penalised.
"The party’s reputation is in pits and it’s the duty of its legislators to restore credibility of the government that’s headed by a chief minister who has been repudiated by the ombudsman too,” he said, adding, “The anti-defection law is as much concerned with cleansing the parliamentary democratic system as cleansing the governance with the help of people’s representatives.”
Another lawyer took strong exception to the assembly speaker drawing an inference that the MLAs had staged a revolt by writing a letter to the governor.
There’s a strong possibility that a reference would be made in the appeal to Karnataka chief justice JS Khehar’s outburst last Wednesday that corruption in the BS Yeddyurappa government was higher than in other states.
However, SC had held in 2003 that the act of giving a letter requesting the governor to call upon the leader of the other side to form a government itself would amount to an act of voluntarily giving up membership of the party on whose ticket the said members were elected.
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