'CM cannot be impleaded in disqualification case'

'CM cannot be impleaded in disqualification case'

It is a matter of Constitutional proceeding, counsel argues

During the hearing of the petition challenging the disqualification, the counsel said that since the decision was taken by Speaker K G Bopaiah on a petition filed by some voters from their Assembly constituencies, the Chief Minister, not being a party before the Speaker, cannot be a impleaded in the matter.

Objecting to all the impleading applications as well as the amendment applications, Satyapal Jain, senior counsel, Supreme court said the disqualification matter was  Constitutional proceeding and the Chief Minister was not a original party to the case.

As he sought time to file objections, the Full Bench comprising Justice Mohan Shantanagoudar, Justice S Abdul Nazeer and Justice A S Bopanna, adjourned the matter.
Earlier, appearing for the independent MLAs, Supreme Court senior counsel P P Rao said the Speaker's "hurried order" was to "manipulate majority" for the Government. "It's necessary that he (the Chief Minister) is impleaded".

The petitioners had filed several impleading applications in two writ petitions.
The petitioners Sudhakar and others in their writ petition no 1 had filed an application for amendment.

An application seeking to include additional grounds alleging that the Speaker's order does not attract defection law was also filed.

Another application was included in the first writ petition seeking to implead the Chief Minister and the Speaker.

An impleading application to the second writ petition seeking to implead Chief Minister alone has also been filed. 

Speaker K G Bopaiah had disqualified them on October 10, following a complaint by few voters from the constituencies of these MLAs on October 9. The matter will be now heard on October 12. The Bench will decide about the hearing of the applications, which will be followed by hearing. 

Observing that the matter needs to disposed of at the earliest, the Bench directed the respondents to serve copy of objections a day in advance.

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