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In a shot in the arm for the B.S. Yeddyurappa government, the Karnataka High Court today upheld the Speaker's order disqualifying five independent MLAs, who had withdrawn support to the ruling BJP, from the Assembly membership on the eve of October 11 trust vote which the party won.
Dismissing petitions filed by the five MLAs challenging their disqualification by the Speaker, Mr K.G. Bopaiah, a full bench of the court pronounced the verdict, which held that the October 10 order is not in violation of constitutional mandate nor is there any infirmity based on malafides or perversity.
The Speaker had disqualified 16 MLAs – 11 from BJP and five Independents – under anti-defection law before the Chief minister, Mr B.S. Yeddyurappa, won a vote a confidence on the floor of the Assembly, passing a concurrent order on separate petitions seeking their disqualification.
The bench, comprising Mr Justice Mohan Shantanagoudar, Mr Justice S Abdul Nazeer and Mr Justice A.S. Bopanna, held that the petitions filed by the five voters are “maintainable“.
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