High Court allows impleading of Speaker, CM

It allows applications by five disqualified independent MLAs

The Bench comprising Justice Mohan Shantanagowdar, Justice Abdul Nazeer and Justice A S Bopanna allowed other petitions too seeking amendments to the petition as well as including additional grounds.

Allowing the petition, the Bench cited the petitioners’ submission that the Chief Minister had influenced the decision of Speaker and the duo had colluded to disqualify the petitioners observed.

“Yeddyurappa is not only the proper party, but is also a necessary party. We deem it just and proper to implead respondents in writ petitions,” the Bench observed.

The judges made a similar observation in connection with the application seeking to implead Speaker K G Bopaiah as a respondent in the petition. The bench said the contention relating to maintainability of two writ petitions against the common order need not be dealt with at this stage, and also kept open.

 Regarding the contentions of Satya Pal Jain, Supreme Court Senior Counsel and former MP seeking the dismissal of the writ petitions on grounds of non- joinder of necessary parties, the Bench cited an apex court order - ‘Ramesh Chandra Sankla versus Vikram cement,’ which speaks of discretionary powers under Article 226 and Article 227. The Bench said that the same cannot be permitted.

Disposing off the petition by allowing the petitioners’ application to file additional grounds, the Bench observed: “Procedural laws will aid the judicial process in arriving at a just conclusion. They cannot be used for curtailing judicial process.”

“All parties will have an opportunity to put forth all their contentions by way of pleading and merely because petitioners would raise additional grounds to assail impugned order. The same cannot be objected to at this stage as even otherwise it would be incumbent on the part of respondents to justify their action.”

The Bench has posted the matter for final hearing on November 29. The petitioners have been allowed to amend their petition and file a consolidated petition by November 16 and the respondents directed to file their objections on November 22.

Orders Confirmed

The High Court dismissed the petition filed by the 11 disqualified rebel MLAs of the BJP. The Division Bench, comprising Chief Justice J S Khehar and Justice N Kumar, confirmed the third judge order.

It could be recalled that the hearing of the disqualification of eleven rebel MLAs was entrusted to a third judge after a split opinion by Chief Justice and Justice Kumar.
Justice V G Sabhahit who heard the matter on October 29 upheld and concurred with Chief Justice and upheld the Speaker’s order dated October 10.