Bangalore: The BJP government of Karnataka Chief Minister B S Yeddyurappa is safe for the moment after the state High Court remained split on the disqualification of 11 BJP MLAs by Speaker K G Bopaiah.
The issue will now be heard by a third judge on October 20.
On the issue of disqualification of five Independent MLAs, the two-member bench of the court referred the matter to a division bench which will hear it on November 2.
Both the judges differed on the question of conduct of MLA's in writing to the Governor.
Chief Justice J S Khehar upheld the disqualification of 11 BJP MLAs by the Speaker, the other judge on the bench N Kumar set aside the Speaker's order.
Justice Khehar said the case of 11 MLAs will be posted before a third judge who will hear it on Oct 20.
Justice Kehar & N Kumar observed that there was no violation of rules, no malafide intention & natural justice was followed in disqualifying the MLAs.
On the five Independent MLAs case, the bench said "we are of the view it should go to some other bench. We will post it before some other bench."
The Speaker had disqualified 11 BJP MLAs and 5 Independent MLAs under the anti-defection law ahead of the trust vote by Chief Minister B S Yeddyurappa on Oct 11.
Amidst pandemonium, the Speaker had declared the chief minister's confidence motion carried by a voice vote which the Opposition contested. Governor H R Bhardwaj called the proceedings unconstitutional and recommended President's rule in the state.
However, the next day he gave the chief minister another opportunity to prove his majority in the House on Oct 14, while the High Court reserved orders for Oct 18 in the case of 11 BJP MLAs. The court also ruled that the fate of vote in the House on Oct 14 will depend on its final verdict in the case. (With PTI Inputs)