D SUDHAKAR Vs. D N JEEVARAJU

JUDGEMENT

(1.) THE petitioners, who were Members of the 13th Karnataka Legislative Assembly, have questioned the order dated 10th October, 2010 passed by the Speaker of the Karnataka Legislative Assembly, disqualifying them from being the members of the Legislative Assembly on the ground of violation of paragraph-2(2) of the Tenth Schedule of the Constitution of India, by filing these writ petitions. On such disqualification, the respective constituencies represented by the petitioners in the 13th Karnataka Legislative Assembly have fallen vacant. THE total strength of the 13th Karnataka Legislative Assembly is 225 seats. THE petitioners herein were elected as members of the Assembly otherwise than as candidates set up by any political party (hereinafter called as "independent members").

(2.) PETITIONER Nos.1 to 5 in W.P.Nos.32674-32678/2010 and W. P. Nos.33998-34002/2010 were elected from Kanakagiri, Hiriyur, Hosadurga, Pavagada and Malavalli Assembly constituencies respectively. After the election, the Bharatiya Janatha Party (hereinafter called 'BJP' for short) which was the single largest party, was invited to form the Government. Sri B.S. Yeddyurappa, who was elected as Leader of BJP Legislative Party was sworn in as the Chief Minister. The petitioners who were elected as independent members declared their support to the BJP Legislature party leader for the formation of Government. They were also inducted into the Council of Ministers by administering the oath of office. They continued to be a part of the ruling dispensation till 6.10.2010, on which day they gave a representation to the Governor of Karnataka informing him that they have withdrawn the support to the Government headed by Sri B.S. Yeddyurappa on certain grounds. On the same day i.e., 6.10.2010 Sri D.N.Jeevaraj - Chief Whip, Bharathiya Janatha Party and Sri C.T. Ravi, Member of the Karnataka Legislative Assembly and General Secretary of BJP, the first and third respondents in W.P. Nos.32674-32678/2010 (hereinafter called as 'complainants') filed a petition (hereinafter called as 'complaint' for clarity) with the Speaker of the Karnataka Vidhana Sabha requesting him to disqualify, the petitioners on the ground of defection, which was numbered as Disqualification Complaint No.2/2010 (hereinafter called as 'complaint'). The said complaint states that the petitioners herein joined BJP so as to enable the formation of the Government and were sworn in as Ministers. Pursuant to the said complaint seeking for disqualification of the petitioners, the Speaker issued notices to the petitioners on 8.10.2010 calling upon them to show cause before 5 p.m. on 10.10.2010 as to why they should not be disqualified in view of the allegations found in the complaint. The petitioners sent an interim reply to the show-cause notice on 9.10.2010 and prayed for seven days time for filing detailed statement of objections. However on 10.10.2010 the Speaker passed the impugned order after hearing the learned Advocates representing the petitioners and the complainants. As aforementioned, by the impugned order the petitioners were disqualified on the ground of defection as per paragraph-2(2) of the Tenth Schedule of the Constitution of India.

(3.) IT is argued by Sri P.P.Rao, learned Senior Counsel appearing on behalf of the petitioners that the impugned order is illegal and arbitrary, inasmuch as, the same is passed ignoring the provisions of the Constitution of India and the Laws ; that the action of the Speaker disqualifying the petitioners is an example of blatant disregard to the rule of law and the constitutional set up; that the principles of natural justice are violated; that the provisions of the Karnataka Legislative Assembly (Disqualification of Members on Ground of Defection) Rules, 1986 (hereinafter referred as 'Disqualification Rules', for short) are ignored with utter contempt; that the petitioners have neither joined BJP expressly or impliedly; that the behaviour and conduct of the petitioners clearly reveal that they remained independent and have not joined any political party, much less, BJP; that in order to ensure that the petitioners are prevented from voting in the Vidhana Sabha on the Confidence Motion which was scheduled on 11.10.2010 moved by the Chief Minister, the impugned order came to be passed hurriedly in total disregard to the rule of law on the previous day; that notices of hearing were not at all served on the petitioners, but were pasted on the doors of the rooms allotted to the petitioners in the Legislators' Home; however as an abundant caution, the interim reply was submitted by the petitioners on 9.10.2010 seeking seven days' time for filing detailed statement of objections; only two days' time is given to reply, that too, without serving the copy of the petitions with Annexure; consequently, the petitioners could not file their detailed reply to substantiate their case before the Speaker; and in view of the above, the whole proceedings are vitiated.