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They have questioned the legality of Speaker's order on disqualification
BANGALORE: The five Independent MLAs filed an amended petition before the Karnataka High Court on Wednesday questioning the legality of the order of Speaker K.G. Bopaiah on their disqualification from the House.
The MLAs alleged that the Speaker had erred in disqualifying them merely on the basis of representations filed by some voters from their Assembly constituencies.
In their amended petition, the MLAs, Shivaraj Thangadgi of Gangavati, D. Sudhakar of Hiriyur, Goolihatti Shekhar of Hosadurga, Venkataramanappa of Pavagada and P.M. Narendraswamy of Malavalli said the Constitution did not give any right to the voters to seek disqualification of elected members.
They said only a member of the legislature can seek disqualification of another member.
In this case, no member had filed an application or petition before the Speaker for disqualifying them.
They said some voters had on October 9, 2010 written to Chief Minister B.S. Yeddyurappa stating that their MLAs should be disqualified, and the Chief Minister had placed these letters before the Speaker.
They said the Speaker instead of dismissing the petition disqualified them from the membership of the Assembly.
The amended petition has named Mr. Bopaiah as a party in the proceedings along with the five voters — Yamanappa of Gangavati, S.M. Basavaraj of Hiriyur, T.T. Nayak of Hosadurga, Krishna Naik of Pavagada and K.C. Chenna Gowda of Malavalli.
The legislators said that they were amending the petition as a Division Bench, comprising Chief Justice J.S. Khehar and Justice N. Kumar, had allowed applications by them to amend the petition.
This petition would be heard by another Bench on November 2, 2010 as the Bench headed by the Chief Justice had on October 18, 2010 asked the registry to place the case before a new Bench.
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