Author: Kiran Tare
Publication: India Today
Date: October 11, 2010
URL: http://indiatoday.intoday.in/site/Story/116025/LATEST%20HEADLINES/karnataka-speaker’s-decision-inspired-by-maharashtra-counterpart.html
The Karnataka assembly speaker K.G. Bopaiah's
decision to disqualify 16 rebel MLAs including 11 from BJP under the provisions
of anti-defection law was inspired from a ruling given by then Maharashtra
assembly speaker Arun Gujrathi in 2002.
The Maharashtra BJP general secretary Vinod
Tawde played an important role in sending copies of Gujrathi's ruling to the
Karnataka BJP on Sunday night in an attempt to save the government.
Gujrathi had disqualified nine rebel MLAs of Congress-NCP for showing distrust
in the government. His act had saved then Vilasrao Deshmukh government. He
had ruled that if an MLA of a ruling party gives a letter to the speaker of
the assembly expressing distrust in the government it can be assumed as defection
from the party. Hence he can be disqualified under the provisions of anti
defection law.
In Maharashtra, nine MLAs of ruling Congress-NCP had rebelled against then
Vilasrao Deshmukh government in 2002. The Shiv Sena-BJP had claimed that the
rebel MLAs were with them. A MLA Desmond Yates appointed by the Governor as
an Anglo Indian too had supported the Sena-BJP. The Congress had taken objection
to Yates' support to Sena-BJP by saying that he was a Congress member and
had demanded to disqualify him.
In his ruling, Gujrathi had stated that though Yates was appointed to the
assembly as an Anglo Indian, he was a Congress member. So his act of joining
hands with Sena-BJP was a violation of the anti defection law. Gujrathi disqualified
not only Yates but the nine Congress-NCP rebel MLAs too.
The Sena-BJP had challenged Gujrathi's ruling in the Supreme Court. However,
the SC dismissed their petition by saying that only speaker of an assembly
can take a decision on disqualification of members of the House.
Tawde told INDIA TODAY that the copies of Gujrathi's 47-page ruling were faxed
to Karnataka BJP on Sunday night. "I talked to B.S. Yeddyurappa and informed
him about Gujrathi's ruling. The Congress led UPA government will not dare
to impose President's rule in Karnataka as the party itself had laid the precedence
in a matter of disqualifying the members in Maharashtra," he said.
