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30 October, 2010

Disqualification of 11 BJP MLAs upheld

Business Standard
Bangalore October 30, 2010: The Karnataka High Court today upheld the disqualification of 11 ruling Bharatiya Janata Party (BJP) legislators by State Legislative Assembly Speaker K G Bopaiah.
... In his judgment pronounced today, Justice Sabhahit upheld the Speaker’s decision under part 2(1)(a) of the 10th Schedule of the Constitution, pertaining to the Anti-Defection Act.
Talking to reporters outside the court hall, counsel for the government, Satyapal Jain, said: “Justice Sabhahit has concurred and agreed with the opinion of Chief Justice J S Khehar that the conduct of rebel MLAs in writing a letter to the governor, withdrawing their support to the Yeddyurappa government, amounted to leaving the party under para 2(1) (a) of the 10th schedule of the Constitution of India.”
With this, all the rebel BJP MLAs have been disqualified from their membership of the Assembly. Now the order of Justice Sabhahit will go to the chief justice and a formal order will be issued by the high court. Their petition has been dismissed and their disqualification upheld.
“The anti-defection law has been strengthened. It will be a signal to members in any party,” Jain said. ...