The Bench comprising Chief Justice J S Khehar and Justice N Kumar adjourned the matter after the counsel for the petitioner sought time to file an amended application.
The five Independent MLAs, who were also disqualified by Speaker K G Bopaiah under the provisions of the anti-defection law had challenged the order saying that they were never BJP members, but had only supported the Government.
However during the hearing Satyapal Jayanth, former MP and senior advocate Supreme Court said that contrary to their own submission the MLAs have contended that they have never left BJP. “Defection means leaving the party and joining another. The petitioners have not left the BJP at all,” says the petition.
When counsel for the respondents raised the question, they sought to amend the application saying that it was a technical mistake. “If you want to amend the application, we will oppose it,” said the counsel for the respondents.
Earlier counsel for the petitioners said that though the legislators had attended the meeting and proceedings of the legislature, they have not identified themselves as party men and questioned the nature of order by the speaker.
When the bench sought to know what proof exists to prove that the independent MLAs are BJP members, the counsel for the respondents produced some of the photographs of the members in party meeting. However the Court was not satisfied.
