BANGALORE: The Karnataka High Court on Wednesday ordered issue of notice to H.D. Kumaraswamy and 35 Janata Dal (Secular) MLAs owing allegiance to him on a petition by legislators Vatal Nagaraj, G.V. Srirama Reddy and S. Rajendran.

The three legislators had sought a direction from the court to Legislative Assembly Speaker to disqualify Mr. Kumaraswamy and the MLAs and not permit them to participate in Assembly proceedings.

A single judge, who heard the petition, referred the matter to a Division Bench and adjourned hearing of the case. The case will be heard on Thursday.

Senior counsel Ravi Verma Kumar, who appeared for the petitioners, wanted Mr. Kumaraswamy and the MLAs disqualified under the provisions of Article 191 (2) read with the 10th Schedule of the Constitution.

The petitioners said they had filed an application before the Speaker on January 25 seeking a declaration disqualifying the 36 Janata Dal (S) MLAs (including Mr. Kumaraswamy) under the Karnataka Legislative Assembly (Disqualification of Members on the Ground of Defection) Rules, 1986.

On January 27, the Speaker recognised Mr. Kumaraswamy as leader of the JD(S) Legislature Party. The petitioners contended that the Speaker's action was arbitrary.

Appearing for the State, Advocate-General B.T. Parthasarathy said the petition is not maintainable at this stage and the Speaker's action cannot be questioned in court.

Justice Ajit Gunjal said the question of whether the MLAs are liable for disqualification requires to be decided by a Division Bench.

Printer friendly page  
Send this article to Friends by E-Mail