The full bench of the Karnataka High Court had on the 14th of February delivered the landmark judgment upholding the disqualification of independent MLAs D Sudhakar, Gulihatti D Shekhar, Venkataramanappa,  Shivraj S Tangadagi and P M Narendraswami from the State Assembly. The Speaker had disqualified them on October 10, 2010 for withdrawing their support to the B.S Yeddyurappa led state government which was followed by unruly scenes in the Assembly at the time of the vote of trust. One of the disqualified MLAs Gulihatti D Shekhar had even torn out his shirt and shown his bare chest standing on the tables of the Assembly sending shock waves across the state.
Urging the High Court to dismiss the Speaker’s order, the independents had filed a writ petition. On the other hand some voters from constituencies represented by these independent MLAs also filed cases against their MLAs under the violation of the anti-defection law. After nearly four months of arguments and counter arguments, the full bench of the High Court consisting of Justice Mohan Shantha Gowder, Justice S Abdul Nazir and Justice A S Bopanna rejected the independents’ petition unanimously and drew a curtain to the ‘bidding game’ of Karnataka politics.
The bench has said that the voter has every right to file a petition against the violation of the anti-defection law. The court observed that while getting votes, the party of the candidate plays a major role. There are several instances in Karnataka where people have elected an independent candidate twice and rejected the same candidate when he contested from any party in the elections. Thus the bench said that it is the duty of the citizens to bring violations of the anti-defection law to the notice of the Speaker.
However, these five Independents argued that they have rendered their service as independent candidates since 2008 and presented documents showing they are not affiliated to any party. Interestingly these documents were obtained from the Speaker’s office under the Right to Information Act. Thus, according to these independents, the order passed by the Speaker is meaningless. However, the High Court pointed out that all these independents received the party whip issued from time to time. The Court even pointed out the presence of these independents in BJP legislature party meetings and other functions. Thus, the High Court upheld the Speaker’s order.
A national newspaper has rightly pointed out that “The broad thrust of the judgment — which relates to the five MLAs who supported the BJP government and were given ministerial posts — is that legislators lose their independent character and become liable for disqualification when they become part of the Council of Ministers. Rejecting a strict interpretation of the word ‘joins’ in paragraph 2 (2) of the Tenth Schedule, which states that an independent legislator “shall be disqualified for being a member of the House if he joins any political party after… election,” the Court held it was irrelevant whether the five MLAs had formally joined the party.”
The verdict has brought relief to the Chief Minister B.S Yeddyurappa who is struggling to safeguard his post. Reacting to the bench order, Yeddyurappa has said “It is a historical judgment. It taught a lesson for `Aayaram’ `gayaram’ kind of legislators in both the state and other states of the country.”
On the other hand, Karnataka Pradesha Congress Committee (KPCC) President Dr G Parameshwara observed that independents have every right to join the government and they can take part in party meetings which does not mean that they have lost their independent status. He says “Justice has been denied to these five independents.”
It was the statement of JDS leader and former Chief Minister H.D. Kumaraswamy which created some sort of confusion. Speaking to a news channel immediately after the High Court verdict, he questioned the integrity of the bench which pronounced the judgment. Later he was forced to issue clarifications as it may have led to another controversy.
Many feel that these five MLAs paid for the political conspiracy of JDS supremo H.D. Deve Gowda and his son H.D. Kumaraswamy. According to the insiders, except for Gulihatti D Shekhar none of the other four independent MLAs had a problem with the BJP government. For example when D. Sudharkar was charge sheeted by the CBI over a cheating case, the Chief Minister backed him strongly and let him continue in the cabinet even though opposition parties demanded his removal. In September one of their long pending demands of giving district in charge minister responsibility was also met. An allegation of the JDS leaders misleading them is one of the major allegations. Political observers feel that the JDS tried to use them as the pawns. Noted writer of the state Ravindra Reshme says “JDS and Congress leaders tried to topple the government in the name of corruption. But compared to previous regimes, the BJP government is like a pick pocket. Earlier governments robbed the state blind. So the whole drama enacted in the month of October was not really against corruption but a reflection of a hunger for power of the JDS leaders.”

Shrinidhi Adiga