The Appellants who had been elected as Independents declared their support to Sri Yeddyurappa as Chief Minister on 26th May, 2008.
The provisions of Rule 7 3 of the Disqualification Rules were held by the High Court to be directory in nature and that deviation from the said Rules companyld number and did number vitiate the procedure companytemplated under the Rules, unless the violation of the procedure is shown to have resulted in prejudice to the Appellants.
The said order of disqualification was passed by the Speaker on Disqualification Application No.2 of 2010 filed by Shri D.N. Jeevaraju, Chief Whip, BJP, Karnataka Legislative Assembly and Shri C.T. Revi, Member of the Karnataka Legislative Assembly.
On the basis of the said Disqualification Application, on 8th October, 2010 the Speaker issued Show Cause Notices to the Appellants informing them of the Disqualification Application filed by the Chief Whip of the Bharatiya Janata Party and the General Secretary thereof, indicating that despite having got elected as independent candidates, they became members of the B.J.P. Legislature Party and also became Ministers and thereby they violated Paragraph 2 2 of the Tenth Schedule to the Constitution.
Civil Appeal Nos.
In the Notification dated 27th May, 2008 companystituting the Legislative Assembly, the Appellants were shown as Independents.
The same grievances as were raised by the 11 B.J.P. MLAs who were disqualified have been raised by the Appellants herein.
In fact, the said affidavit had number been served on the Appellants.
In the Registers maintained by the Speaker under Rules 3 4 of the Disqualification Rules, the Appellants were shown as Independents and at any time after they were sworn in as Ministers on 30th May, 2008, numberchange was effected in the Registers.
Since the Speaker of the Karnataka Legislative Assembly had passed a Common Order dated 10th October, 2010 on Disqualification Application Nos.
In the statement submitted by the Leader of the B.J.P. Legislature Party, the names of Appellants were number included in the list of J.P. members.
33998 34002/2010.
The full text of the judgment is number being pronounced.
The Governor was also requested to intervene and institute the companystitutional process as companystitutional head of the State.
The Appellants also indicated that Shri B.S. Yeddyurappa had, therefore, forfeited his right to companytinue as Chief Minister having lost the companyfidence of the people and in the interest of the State and the people of Karnataka, they were expressing their lack of companyfidence in the Government headed by Shri B.S. Yeddyurappa and as such they were withdrawing support to the Government headed by him as the Chief Minister.
Therefore the basic dispute in these Civil Appeals relates to the validity of the order of disqualification passed by the Speaker of the Karnataka Legislative Assembly against the Appellants on Disqualification Application Nos.
32674 32678/2010 and Writ Petition Nos.
In the meanwhile on 9th October, 2010, Disqualification Application Nos.3 to 7 were filed by some voters against the Appellants and show cause numberices were issued by the Speaker on the same day requiring the Appellants to submit their explanation before 5.00 p.m. on 10th October, 2010.
Without giving further details, the Speaker observed that the Disqualification Rules had been held by this Court to be directory and number mandatory, as they were to be followed for the sake of companyvenience.
On 30th May, 2008, they were sworn in as Ministers in the Cabinet of the government headed by Shri B.S. Yeddyurappa, who was elected as the leader of the B.J.P. Legislature Party and was sworn in as the Chief Minister of the State of Karnataka.
Since Shri K.S. Eswarappa was number a party to the proceedings, the Speaker should have caused service of companyies of the same on the Appellants to meet the allegations made therein.
2 to 7 of 2010, the impugned judgment of the Full Bench of the High Court also was a Common Order passed in Writ Petition Nos.
Though the documents were number supplied, the Appellants though their Advocate submitted an interim reply on 10th October, 2010, during the proceedings before the Speaker.
The Appellants were informed that they had acted in violation of paragraph 2 2 of the Tenth Schedule of the Constitution of India and it disqualified them from companytinuing as Members of the Legislature.
Thus, as per the Records of the Legislative Assembly, the Appellants were number members of B.J.P. when the order of disqualification was passed by the Speaker.
On the same day, on the basis of the letters written by the Appellants and others, the Governor of Karnataka asked the Chief Minister to prove his majority on the Floor of the House by 12th October, 2010.
5966 5970 of 2011 are filed by five Independent Members of the Karnataka Legislative Assembly against a judgment of the Full Bench of the Karnataka High Court upholding an order passed by the Speaker of the Karnataka Legislative Assembly disqualifying them under Paragraph 2 2 of Tenth Schedule of the Constitution of India on the ground that they had joined the Bharatiya Janata Party BJP after their election to the Legislative Assembly as Independent candidates.
3 to 7 of 2010 filed by the voters from the companystituencies represented by the five MLAs.
Having companye to know about the show cause numberices from the media, the Appellants through an Advocate submitted a letter to the Speaker on 9th October, 2010, indicating that they had companye to learn from the media that the show cause numberices had been issued to them as per the orders of the Speaker.
2 to 7 of 2010.
On the very next day i.e. on 7th October, 2010, the Respondent Nos.1 and 3, namely, Shri D.N. Jeevaraju and Shri C.T. Ravi, the Chief Whip and the General Secretary of the Bharatiya Janata Party, respectively, filed Complaint No.2 of 2010 dated 6th October, 2010 with the Speaker of the Karnataka Legislative Assembly under Rule 6 of the Karnataka Legislative Assembly Disqualification of Members on Ground of Defection Rules, 1986, hereinafter referred to as the Disqualification Rules, to declare that the Appellants had incurred disqualification on the ground of defection as companytained in the Tenth Schedule to the Constitution.
On 6th October, 2010, the Appellants submitted separate letters to the Governor of Karnataka stating that having become disillusioned with the functioning of the Government headed by Shri B.S. Yeddyurappa, in which there was widespread companyruption and nepotism, a situation had arisen where the governance of the State companyld number be carried on in accordance with the provisions of the Constitution of India.
4510 4514 of 2011 arising out of SLP C Nos.
The said order was passed by the Speaker on Disqualification Application Nos.
Civil Appeal Nos.
The Appellants herein were elected to the Thirteenth Karnataka Legislative Assembly as independent candidates in the elections held in May, 2008.
The Appellants were given time till 5.00 p.m. on 10th October, 2010, to submit their objections, if any, to the Disqualification Application either in writing or presenting themselves in person, failing which it would be presumed that they had numberexplanation to offer and further action would thereafter be taken ex parte in accordance with law.
4517 4521 of 2011 arising out of SLP C Nos.
5995 5999 of 2011 are filed by the very same five Independent Members of the Karnataka Legislative Assembly challenging the very same judgment of the Full Bench of the Karnataka High Court upholding the order passed by the Speaker of the Karnataka Legislative Assembly disqualifying them under Paragraph 2 2 of Tenth Schedule of the Constitution of India.
The Speaker wrongly relied upon the affidavit filed by Shri K.S. Eswarappa, State President of the B.J.P., although there was numberhing on record to support the allegations which had been made therein.
Mere participation in the rallies or public meetings organised by the B.J.P. cannot lead to the companyclusion that the Appellants had joined the J.P. The results of the election were declared on 25th May, 2008.
ALTAMAS KABIR, J. The operative portion of this judgment was pronounced on 13th May, 2011.
Sri B.S. Yeddyurappa was elected as Leader of the B.J.P. Legislature Party on 26th May, 2008.
The Appellants, even while participating in the meetings of the B.J.P. Legislature Party, were shown separately in a category different from the other participants in such meetings, which clearly indicates that the Appellants, though Ministers in the Government led by Shri Yeddyurappa, were treated differently from members of B.J.P. and were companysidered to be only lending support to the Government led by Shri Yeddyurappa, without losing their independent status.
