Voters' plea to be heard on Nov 2

The petition also sought directions from the Court to restrain five respondents from interfering with the rights of the petitioners.

The five respondents, each a voter from the assembly constituencies of Kanakagiri, Hiriyur, Hosadurga, Pavagada and Malavalli, had filed identical petitions before the Speaker seeking disqualification.

The writ petition filed by Shivaraj S Thangadagi, D Sudhakar, Goolihatti D Shekar, Venkataramanappa and P M Narendra Swamy, submitted that they joined the Government, but never joined the BJP and had continued as independent members of the Assembly.

They further submitted that the five respondents, E Yamanappa, S M Basavaraj, T T Nagaraj, Krishna Naika and K L Chennegowda gave the petitions at the instance of B S Yeddyurappa to disqualify the petitioners on “false, frivolous and imaginary grounds and with a view to create artificial majority in the House”.

They also said that petitions filed by these five people were not maintainable as they are voters  and only a member of the Legislative Assembly can do so, the petitioners contended.

They also contended the Speaker clubbed the petition along with the one filed by CT Ravi and D N Jeevaraj, but they had received no notice on the complaint filed by the five respondents.

The petition which names the Speaker K G Bopaiah says that he (Speaker) acted at the behest of Yeddyurappa with a view to save the government and that the power exercised by the Speaker while passing the disqualification order was a totally colourable exercise of power. The petitioners have also sought to call for records pertaining to the disqualification from the Speaker’s office.

The Division Bench comprising Chief Justice J S Khehar and Justice A S Bopanna directed the registry to list the matter on November 2, along with the earlier petition filed by the independent MLAs.

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