NEW DELHI: The Supreme Court has issued notices to Chief Minister B S Yeddyurappa, Speaker of Assembly K G Bopaiah and others on a petition filed by M V Nagaraj and G N Nanjundaswamy, two rebel MLAs challenging their disqualification. Eleven BJP MLAs were disqualified by the Speaker for revolting against Yeddyurappa.
Senior counsel, Rohington Nariman, mentioned the matter for urgent hearing before a Bench comprising Justice Altamas Kabir and Justice Cyriac Joseph.
The bench directed issuance of notices to the respondents and posted the matter for hearing on December 9.
In their petition, the two MLAs contended that an important question of law of general public importance with regard to the scope and ambit of para 2(1) (a) of the X schedule of the Constitution arises for consideration before the apex court.
The petitioners were also debarred from voting during the vote of confidence as they had openly declared that they will vote against Yeddyurappa. Their main contention was that they were not given an opportunity to explain their position before being disqualified.
The Speaker, however, disqualified them under the provisions of the anti-defection law taking into consideration various statements made by the rebels.
The petitioners moved the apex court as the High Court had dismissed their petition by a majority judgment of 2:1, the petitioners further stated.