5 independent MLAs fail to get court nod for voting

5 independent MLAs fail to get court nod for voting

Thursdays trust motion subject to final decision in the case

5 independent MLAs fail to get court nod for voting

Curious Crowd: Crowd gathered in front of the High Court as it heard disqualification petition of five independent MLAs in Bangalore on Wednesday. DH Photo

It however, allowed their prayer that Thursday’s trust motion be subjected to the outcome of the writ petition.

 “We are satisfied that the ends of justice will be met in the facts and circumstances of the present case, if the proceedings in the Karnataka State Legislative Assembly on October 14, 2010 are to be subject to the final decision of the main case”, a Division Bench comprising Chief Justice J S Khehar and Justice N Kumar observed.

Following the Tuesday’s direction for floor test on Thursday, the independent MLAs had moved an application seeking early hearing of their petition, posted to Oct 18.
They had also sought a stay on their disqualification.

K G Raghavan, counsel for the petitioners sought permission to vote in sealed covers so that it could be subjected to the result of the writ petition. However counsel Vivek Reddy and M B Nargund raised objections.

Interim order

Reddy said an interim order interfering with the proceedings of Assembly would amount to violation of the mandate of Article 212 of the Constitution.

The Bench, finding that there was no merit in the prayer rejected it saying “ It is only the irregularity in procedure which cannot be a ground for challenge, whereas the success of main writ petitions would lead to the conclusion that a substantive irregularity would be committed if those who ought to be the members of the House, and as such ought to vote on Oct 14, 2010 are not permitted to vote.”