* Even as the Karnataka controversy on defections awaits resolution by a third Judge, I explain why the Speaker’s decision, on the face of it, appears bad in law.
* Former Counsel to the Liberhan Commission, Anupam Gupta explains in this interview, some of the legal conundrums in the Lucknow Bench’s judgment.
*Delhi High Court’s judgment legitimises sting operations to expose corruption – not just by journalists, but by any citizen – a point missed by many. Read my article on this here.
*Other contents may be accessed here.
These are the contents of the actual letters written by the 11 BJP Rebel MLAs as extracted from the judgments now availible online:
I was elected as an MLA on BJP ticket. I being an MLA of the BJP got disillusioned with the functioning of the Government headed by Shri. B.S.Yediyurappa. There have been widespread corruption,nepotism, favourtism abuse of power , misusing of government machinery in the functioning of the government headed by Chief Minister Shri. B.S.Yedirupaa and a situation has arisen that the governance of the State cannot be carried on in accordance with the provisions of the constitution and Shri. Yediyurapa as Chief Minister has forfeited the confidence of the people. In the interest of the State and the people of Karnataka I hereby express my lack of confidence in the government headed by Shri. B.S.Yediyurappa and as such I hereby withdraw my support to the Government headed by Shri. B.S. Yediurappa, Chief Minister, I request you to intervene and institute the constitutional process as constitutional head of the State ".
The contents of all the eleven letters were exactly identical. Do you still feel that the letter were not sufficient to constitute voluntarily giving up membership of the political party.
Voluntarily giving up membership of a political party, as interpreted by the Supreme Court under the Tenth Schedule, must involve support to a rival party, or a clear violation of party's direction on an issue. The 11 BJP MLAs informed the Governor that they are unable to continue to support the Chief Minister because of corruption etc. The BJP had not directed its MLAs to continue to support the CM despite corruption etc.