D SUDHAKAR Vs. D N JEEVARAJU

JUDGEMENT

(1.) The operative portion of this judgment was pronounced on 13 th May, 2011. The full text of the judgment is now being pronounced.

(2.) Civil Appeal Nos. 4510-4514 of 2011 arising out of SLP(C) Nos. 5966-5970 of 2011 are filed by five Independent Members of the Karnataka Legislative Assembly against a judgment of the Full Bench of the Karnataka High Court upholding an order passed by the Speaker of the Karnataka Legislative Assembly disqualifying them under Paragraph 2(2) of Tenth Schedule of the Constitution of India on the ground that they had joined the Bharatiya Janata Party (BJP) after their election to the Legislative Assembly as Independent candidates. The said order of disqualification was passed by the Speaker on Disqualification Application No.2 of 2010 filed by Shri D.N. Jeevaraju, Chief Whip, BJP, Karnataka Legislative Assembly and Shri C.T. Revi, Member of the Karnataka Legislative Assembly. Civil Appeal Nos. 4517-4521 of 2011 arising out of SLP(C) Nos. 5995-5999 of 2011 are filed by the very same five Independent Members of the Karnataka Legislative Assembly challenging the very same judgment of the Full Bench of the Karnataka High Court upholding the order passed by the Speaker of the Karnataka Legislative Assembly disqualifying them under Paragraph 2(2) of Tenth Schedule of the Constitution of India. The said order was passed by the Speaker on Disqualification Application Nos. 3 to 7 of 2010 filed by the voters from the constituencies represented by the five MLAs. Since the Speaker of the Karnataka Legislative Assembly had passed a Common Order dated 10 th October, 2010 on Disqualification Application Nos. 2 to 7 of 2010, the impugned judgment of the Full Bench of the High Court also was a Common Order passed in Writ Petition Nos. 32674-32678/2010 and Writ Petition Nos. 33998-34002/2010. Therefore the basic dispute in these Civil Appeals relates to the validity of the order of disqualification passed by the Speaker of the Karnataka Legislative Assembly against the Appellants on Disqualification Application Nos. 2 to 7 of 2010.

(3.) The Appellants herein were elected to the Thirteenth Karnataka Legislative Assembly as independent candidates in the elections held in May, 2008. On 30 th May, 2008, they were sworn in as Ministers in the Cabinet of the government headed by Shri B.S. Yeddyurappa, who was elected as the leader of the B.J.P. Legislature Party and was sworn in as the Chief Minister of the State of Karnataka. On 6 th October, 2010, the Appellants submitted separate letters to the Governor of Karnataka stating that having become disillusioned with the functioning of the Government headed by Shri B.S. Yeddyurappa, in which there was widespread corruption and nepotism, a situation had arisen where the governance of the State could not be carried on in accordance with the provisions of the Constitution of India. The Appellants also indicated that Shri B.S. Yeddyurappa had, therefore, forfeited his right to continue as Chief Minister having lost the confidence of the people and in the interest of the State and the people of Karnataka, they were expressing their lack of confidence in the Government headed by Shri B.S. Yeddyurappa and as such they were withdrawing support to the Government headed by him as the Chief Minister. The Governor was also requested to intervene and institute the constitutional process as constitutional head of the State. On the same day, on the basis of the letters written by the Appellants and others, the Governor of Karnataka asked the Chief Minister to prove his majority on the Floor of the House by 12 th October, 2010.