GOPALA KRISHNA BELUR Vs. B S YEDDIYURAPPA

JUDGEMENT

(1.) Through the instant writ petitions, the Petitioners have assailed an order dated 10.10.2010, passed by the Speaker of the Karnataka Legislative Assembly, whereby the Petitioners have been disqualified from their membership to the Karnataka Legislative Assembly, on account of having arrived at the conclusion that the Petitioners had defected from the Bharatiya Janata Party, on whose ticket they were elected to the Karnataka Legislative Assembly, in 2008.

(2.) Before dealing with the issues canvassed at the hands of the Learned Counsel for the rival parties (on the basis whereof they either assailed or supported the order dated 10.10.2010, passed by the Speaker of the Karnataka Legislative Assembly), it is essential to delineate material facts leading to the passing of the impugned order. The relevant factual position is therefore being narrated hereinafter.

(3.) Interestingly, the process leading to the passing of the impugned order came to be initiated at the hands of the Petitioners themselves. The Petitioners addressed letters to the Governor of the State of Karnataka on 06.10.2010. The text of one of the communications addressed to the Governor is reproduced hereunder: