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K'taka HC refuses to stay Oct 14 trust vote


Abhir V P,CNN-IBN
Oct 13, 2010 at 09:09pm IST

Bangalore: The Karnataka High Court on Wednesday gave the go-ahead for Thursday’s trust vote in the state Assembly but turned down a fresh plea by disqualified Independent MLAs wanting to take part in the floor test.

The HC said proceedings of the Assembly regarding the confidence vote was subject to its decision on the writ petitions filed by 16 disqualified MLAs to be given on Monday. The floor test can go ahead on Thursday but the court will decide on its validity when it decides the fates of the disqualified MLAs.

Chief Justice J S Khehar rejected pleas of five disqualified Independent MLAs to vote in the Assembly on Thursday in the confidence vote or that their vote be kept in a sealed envelope to be counted or not depending on the Monday order.

BJP's lawyer KN Bhatt said: “the court has done the right thing. They didn't want to interfere in the proceedings of the legislature.”

The HC said it cannot interfere in Assembly matters. The court said the Independents can vote if the HC decides the case on October 18 in their favour.

The Court's order came on an urgent petition filed by the five Independent MLAs whose counsel K G Raghavan pleaded for an immediate stay on the order of Speaker K G Bopaiah disqualifying them.

Alternatively they demanded that they should be allowed to vote and their votes be kept in sealed covers and handed over to the court Registrar. The votes can be counted if they succeed in their writ petition or vice versa.

Counsel for government M D Marigund and Vivek Reddy objected to their plea saying if their pleas were allowed it would be violative of Art 212 of the Constitution which bars courts from inquiring into proceedings of the Legislature.

Any interim order will interfere with the proceedings of the House, the government counsel contended. (With PTI inputs)

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