The fate of five disqualified independent legislators still remained undecided as the three judge bench of the Karnataka High Court on Tuesday adjourned the next hearing to November 8.Moreover, the bench also issued notices to speaker K G Bopaiah and other respondents on petitions filed by 5 MLAs who challenged their disqualification from the Assembly.
In their petition, the independents have argued that the anti-defection laws are not applicable to them as they were elected as independents and not as BJP candidates. However, BJP refuting their claims said that the independents, who were inducted into the ministry, had become part of the party.
The notices were issued by a full bench comprising Justices Mohan Shantanagoudar, S Abdul Nazeer and A S Bopanna, before which the case was referred by a division bench headed by Chief Justice J S Khehar, last month.
Independents Shivaraj S. Tangadagi, Venkataramanappa, P.M. Narendra Swamy, D. Sudhakar and Gulihatti Shekar were disqualified from the assembly by the speaker on October 11.
On September 22, Shekhar was dropped from the ministry while the remaining four independent members were landed in trouble on October 6 after they submitted a joint letter to Governor H.R. Bhardwaj, withdrawing support to the 29-month-old BJP government and expressing lack of confidence in Yeddyurappa.
Last week, the disqualification of 11 rebel BJP MLAs was upheld by the Karnataka High Court. However, the buzz is that they may move the Supreme Court against the verdict.
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