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2012 Supreme(SC) 70

ALTAMAS KABIR, CYRIAC JOSEPH
D. Sudhakar – Appellant
Versus
D. N. Jeevaraju – Respondent


Advocates appeared:
P.P. Rao, K.K. Venugopal, Satpal Jain, P.S. Narasimha, Dinesh Dwivedi, Jaideep Gupta, Soli J. Sorabjee, Senior Advocates (Prashant Kumar, Ms. Mahalakshmi Pavani, Ms. Bimola Devi, Ms. Triveni Potekar, Utsav Sidhu, Ms. Apeksha Sharan, Ms. Filza Moonis, Amarjit Singh Bedi, Ms. Pooja Dhar, Gopal, Chandra Bhushan Prasad, Bhupender Yadav, Ms. Ruchi Kohli, Saurabh Shamsherty, Anish Kr. Gupta, M.B. Nargan, Ms. Deep Shikha Bharati, P.V. Yogeshwaran, Vikramjeet Banerjee, M.B. Nargund, Prasanna Deshmukh, Rajeev Kr. Singh, Vikramjeet, Pritish Kapoor and Ms. Jyotika Kalra Advocates.

Judgment :

ALTAMAS KABIR, J.

1. The operative portion of this judgment was pronounced on 13th May, 2011. The full text of the judgment is now being pronounced.

2. Civil Appeal Nos. 4510-4514 of 2011 arising out of SLP(C) Nos. 5966-5970 of 2011 are filed by five Independent Members of the Karnataka Legislative Assembly against a judgment of the Full Bench of the Karnataka High Court upholding an order passed by the Speaker of the Karnataka Legislative Assembly disqualifying them under Paragraph 2(2) of Tenth Schedule of the Constitution of India on the ground that they had joined the Bharatiya Janata Party (BJP) after their election to the Legislative Assembly as Independent candidates. The said order of disqualification was passed by the Speaker on Disqualification Application No.2 of 2010 filed by Shri D.N. Jeevaraju, Chief Whip, BJP, Karnataka Legislative Assembly and Shri C.T. Revi, Member of the Karnataka Legislative Assembly. Civil Appeal Nos. 4517-4521 of 2011 arising out of SLP(C) Nos. 5995-5999 of 2011 are filed by the very same five Independent Members of the Karnataka Legislative Assembly challenging the very same judgment of the Full Bench of the Karnataka High Court uph
























































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