While Chief Justice J S Kehar upheld the disqualification order of Speaker K G Bopaiah, Justice N.Kumar struck it down. The matter will be referred to a larger bench. The case has been adjourned to November 2
The case of the rebel BJP MLAs would be decided on Oct 20.
The court had last week ruled that the outcome of the October 14 trust vote of the B S Yeddyurappa government would be subject to its final decision on this petition.
Hence, as of now, there is no threat to the Yeddyurappa government.
The High Court, which had reserved orders on the petitions filed by 11 rebel BJP MLAs, challenging their disqualification under anti-defection law by Assembly Speaker K G Bopaiah, had refused interim relief to all the 16 MLAs, who sought a stay on their disqualification.
The petition, filed by the five Independent MLAs, had contended that they cannot be disqualified as they won the election as Independents.
They had also filed an advanced application before the court on October 13 on the eve of the Chief Minister B S Yeddyurappa seeking the second trust vote for an order to allow them to vote in person or to keep their votes in a sealed cover till the court announced its verdict, which was also rejected.
The ruling BJP, opposition Congress and JDS have been pinning hopes on the court ruling, which has a bearing on deciding the fate of the B S Yeddyurappa ministry.
The speaker had disqualified 16 MLAs on October 10, a day ahead of the first vote of confidence bringing down the effective strength of the 224-member Assembly to 208.
Though Yeddyurappa won the trust vote by voice vote, Governor H R Bhardwaj rejected it as a "farce" and directed him to go in for the second floor test on October 14, which the chief minister managed to win by head court by a margin of 106-100. Two MLAs -- Manappa Vajjal from BJP and M C Ashwath of JD(S) -- were absent which brought down the effective strength of the 224-member Assembly to 206.
Source: India Syndicate and The Indian Express