Arguments conclude in 18 MLAs’ case

A division bench comprising Chief Justice Indira Banerjee and Justice M Sundar, on conclusion of arguments, posted the case to January 23 for filing of written arguments by the counsels appearing for the parties involved. 

Senior counsel PS Raman appearing for the disqualified MLAs relied on the B S Yeddyurappa case wherein the Supreme Court had set aside the disqualification of 11 BJP MLAs as it was very closely linked to the factual matrix of the case. 

He said that though the Supreme court had set aside the disqualification based on natural justice, his case rested more on the aspect that similar to the situation in Yeddyurappa case as held by the Supreme court, the constitutional process as sought by the 18 MLAs in their letter to the Governor did not necessarily mean the constitutional process of proclamation of President’s rule but could also mean the process of removal of the Chief Minister through constitutional means. 

He said the AIADMK was not deprived of a further opportunity of forming a government after a change in the legislature party leadership. He also noted that the Yeddyurappa case has been holding the field for the past seven years and that the letter written by the 18 MLA were similar to those sent by the BJP MLAs to the Karnataka Governor. 

However, to a pointed question put forth by Justice M Sundar as to whether the 18 MLAs in the event of a floor test would have voted as per the whip or not, the senior counsel pre- ferred not to commit with either a yes or no stating that it would have solely de- pended on the state of mind of the MLAs then. 

Arguments in the case wit- nessed certain big names in the legal field.