The Hindu : Karnataka / Bangalore News : Disqualification of MLAs:HC adjourns plea by advocate

Online edition of India's National Newspaper
Tuesday, Oct 23, 2007
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Karnataka

Karnataka - Bangalore

Disqualification of MLAs:HC adjourns plea by advocate

Staff Reporter

BANGALORE: The Karnataka High Court on Monday adjourned further hearing on a petition by a city-based advocate seeking a direction to the Speaker of the Karnataka Legislative Assembly to frame rules and set a time limit for proceedings relating to disqualification of legislators.

The advocate, S. Vasudeva, contended that the Assembly Speaker had failed to take action on the disqualification of 36 Janata Dal (Secular) MLAs who had broken away from the party and joined hands with the Bharatiya Janata Party to form a coalition Government.

A Division Bench of the High Court, in an interim order, had on February 2, 2007, said it was not inclined to pass any direction asking the Speaker to dispose off the petitions by a time frame.

The Bench, however, had then said it did not have any reason to assume that the Speaker would not pay attention to the relevant aspects and take appropriate decision. “In our view, even without a direction from the court, the Speaker is expected to take appropriate action on the two petitions as early as possible.”

A Division Bench comprising Chief Justice Cyriac Joseph and Justice Ashok Hinchigeri, orally asked Mr. Vasudeva on whether High Courts could give direction to the Speaker. It further observed that the Supreme Court had already gone into the issue of the Judiciary versus the Legislature.

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