11/10/2010
BJP wins controversial trust vote
Bangalore: Amidst pandemonium and chaos in the Karnataka Assembly, Speaker K G Bopaiah held a voice vote and declared that the B S Yeddyurappa had won the trust vote as prescribed by the Governor. And in minutes he walked out.
The Opposition voiced a strong protest and headed for the Raj Bhavan to petition the Governor, H R Bharadwaj, who is likely to declare the vote null and void and recommend dismissal of the BJP government for violating the Constitution.
Earlier, high drama prevailed in the Karnataka Assembly premises as the 16 disqualified MLAs accompanied by some JD(S) MLAs broke open the locks of the high security Vidhana Soudha in the heart of Bangalore and tried to make their way to the Assembly on Monday morning.
The police tried to prevent the MLAs, but the rebels got hold of the lock and broke it open amidst a nasty scuffle. The police were helpless as the rebels were accompanied by JD(S) MLAs who are authorised to enter the Assembly. One marshal was seen fainting during the scuffle
There was also a verbal duel between Opposition leader Siddaramiah and police chief Shankar Bidri. Siddaramiah was seen shouting at the police chief asking him to allow the rebels in.
The rebels broke the glass panes in a free for all and shouted slogans against Yeddyurappa and the BJP government.
Following this, the police have further tightened the security arrangements.
On Sunday, Chief Minister B S Yeddyurappa had personally reviewed the security arrangements.
Earlier, the political criris in Karnataka took a new trun on Monday when Speaker K G Bopaiah thumbed his nose at Governor H R Bharadwaj and expelled rebel 16 MLAs -- 11 of the BJP and 5 independents -- thus reducing the strength of the House from 224 to 208. This will give the BS Yeddyurapa led government a slight advantage.
The rebels have been disqualified under the Anti-Defection Act and have been prevented from entering the Assembly. The police have been told not to allow the disqualified MLAs into the Assembly.
The rebels now plan to move the High Court and also meet the Governor. Sources said the Governor may step in and recommend dismissal of the BJP Government.
In New Delhi, The Union Home Ministry is said to be concerned over developments in Karnataka and has taken serious note of them. Prima facie, sources feel that the Tenth Schedule of the Constitution, the anti-defection law, has been abused.
Highly placed sources said the abuse of the anti-defection law was more so in the case of disqualification of independents. They said the Tenth Schedule does not apply to independents and, therefore, there is no question of their disqualification.
Even in the case of dissident BJP MLAs, the sources said disqualification can only be on two grounds - one if the MLA resign from the party voluntarily and two if he votes against the whip. Therefore, there is no question of disqualification of the BJP MLAs before the vote, the sources said.
The sources were commenting on Karnataka Assembly Speaker K G Bopaiah disqualifying 16 rebel MLAs ahead of the trust vote.
Following the disqualification of 16 MLAs, the effective strength of the 224-member Assembly has been reduced to 208, with the ruling side commanding the strength of 108 as against the combined opposition strength of 101. Congress has 73 members and JDS 28.
There is a lone independent Varthur Prakash in the House, besides a nominated Anglo Indian member.
In his order, Bopaiah said these 16 MLAs have been disqualified under the provision of the anti-defection law as envisaged in the Tenth Schedule of the Constitution.
Those BJP MLAs who were disqualified are: Balachandra Jarkiholi, Belur Gopala Krishna, Anand Asnotikar, Dr Sarvabowma Bagali, V Nagaraju, Raje Kage, Y Sampangi, Nanjundaswamy, S K Bellubbi, H S Shankara Lingegowda and Shivanagouda Naik.
Former ministers Venkataramanappa, Shivaraj Tangadagi, Goolihatti Sekhar and M P Narendraswamy and independent MLAs have also been disqualified.
Meanwhile, former Karnataka Chief Minister and JDS leader H D Kumaraswamy, who is spearheading the oust BJP government campaign reacted sharply to the disqualification charging that the BJP government has adopted "anti-democratic" methods to survive in power.
Jarkiholi, one of the disqualified MLA, said the rebels would challenge the Speaker's decision and approach the Governor. The Independent MLAs may also move the court.
Legal experts are divided over the issue of disqualification. One section say that the MLAs can be disqualified only if they defy the party whip. Others say that by withdrawing support to the Government, the rebels have voluntarily given up their perty seat -- a clause that will attract the Act.
Earlier, in a controversial move, Karnataka Governor HR Bharadwaj stepped in on Sunday and asked the Speaker not to disqualify any MLA before the trust vote. The Governor, in his letter to the Speaker, directed that the strength of the 224-member assembly which stood as on Oct 6 should be maintained and that all legislators should be allowed to take part in the confidence vote exercise.
The directive which effectively barred any action being taken against any MLA came as a dampener to the ruling BJP, which had been hoping to get a favourable order on disqualification of 11 rebel MLAs, against whom Yeddyurappa has filed a complaint under provisions of the anti-defection law after they withdrew support to his government.
Bharadwaj said in the interest of a free and fair floor test, no attempt should be made to change the character or configuration of the house after it has been summoned for the purpose.
"Any attempt to change the character or configuration of the House in the run up to the vote of confidence motion, is bound to vitiate the proceedings", he noted. The Governor cautioned that "any result obtained by such a vitiative proceedings will not be acceptable".
In a strongly worded letter, Bharadwaj warned that if there was any alteration in the numbers ignoring his directive, his decision would be final. He said the process of Yeddyurappa seeking the trust vote tomorrow to prove his government's majority as per his direction should be held as per law.
The BJP hit back saying the Governor cannot instruct a Speaker as per the Constitution of India and that Bharadwaj was playing politics. With the Governor's latest move, the numbers are stacked against Yeddyurappa. The BJP will be in a minority being six short of the magic mark of 113 on the basis of the existing strength and if the 11 BJP rebels and five independents stick to their stand.
In the 224-member house, BJP has 117 members, followed by Congress 73, JDS 28 and Independents six. A number of 113 is required to prove majority in the house. The government was reduced to a minority after 14 BJP MLAs and five Independents withdrew support. Three BJP MLAs have since returned the party fold.
Sacked Fisheries Minister Anand Asnotikar claimed that the dissident MLAs were all "united". Kumaraswamy, who is in Chennai to hold parleys with dissident BJP MLAs, told reporters, "Both JD(S) and Congress are in the opposition. We are together going to defeat BJP." Addressing a press conference at a hotel in Chennai along with the dissidents, the former Chief Minister alleged that the ruling BJP was misusing government machinery as well as the Speaker's chair to win the trial of strength on the floor of the Assembly.
"Our first priority is to remove this bad government and we (opposition) are going to unitedly do that...we are confident that we will defeat the confidence vote," he said. Responding to reporters' queries on forming government in the event of BJP losing the vote tomorrow, he said that was not the issue now. "The future course of action in this regard will be charted out later," he said.
"We are all united. Now the Karnataka political situation is totally under control. To change the corrupt government, all the MLAs are united," said Kumaraswamy who arrived in Chennai late last night along with the 11 dissident BJP MLAs from Goa.
Source: India Syndicate and PTI
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