Bangalore: The Karnataka High Court was split on the disqualification of 11 Bharatiya Janata Party MLAs by the Speaker and the issue will now be heard by a third judge on Wednesday.
However, on the issue of disqualification of 5 Independent MLAs, the two-member bench of the court referred the matter to a division bench which will hear it on November 2.
While Chief Justice J S Khehar upheld the disqualification of 11 BJP MLAs by Speaker K G Bopaiah, the other judge on the bench N Kumar set aside the Speaker”s order.
Justice Khehar said the case of 11 MLAs will be posted before a third judge who will hear it on Wednesday.
The Speaker had disqualified 11 BJP MLAs and 5 Independent MLAs under the anti-defection law the night before Chief Minister B S Yeddyurappa was to seek trust vote on the 11th of this month.
Those BJP MLAs, who were disqualified are: Balachandra Jarkiholi, Belur Gopala Krishna, Anand Asnotikar, Dr Sarvabowma Bagali, V Nagaraju, Raje Kage, Y Sampangi, Nanjundaswamy, S K Bellubbi, H S Shankara Lingegowda and Shivanagouda Naik.
Former Ministers Venkataramanappa, Shivaraj Tangadagi, Goolihatti Sekhar and M P Narendraswamy and independent MLAs were also disqualified.
Amidst pandemonium, the Speaker had declared the Chief Minister”s confidence motion carried by a voice vote, which the Opposition had contested.
Governor H R Bhardwaj called the proceedings in unconstitutional and recommended President”s rule in the state.
However, the next day he gave the Chief Minister another opportunity to prove his majority in the House on Oct 14, while the High Court reserved orders for Oct 18 in the case of 11 BJP MLAs. The court also ruled that the fate of vote in the House on Oct 14 will depend on its final verdict in the case.
The BJP government had won the vote of confidence with 106 members supporting it and the opposition logging 100 votes in a House with an effective strength of 208.