Mohan Shantanagoudar, J.

The petitioners, who were Members of the 13th Karnataka Legislative Assembly, have questioned the order dated 10th October 2010 passed by the Speaker of the Karnataka Legislative Assembly, disqualifying them from being the members of the Legislative Assembly on the ground of violation of paragraph-2(2) of the Tenth Schedule of the Constitution of India, by filing these writ petitions. On such disqualification, the respective constituencies represented by the petitioners in the 13th Karnataka Legislative Assembly have fallen vacant. The total strength of the 13th Karnataka Legislative Assembly is 225 seats. The petitioners herein were elected as members of the Assembly otherwise than as candidates set up by any political party (hereinafter called as “independent members”).

2. Petitioner Nos.1 to 5 in W.P.Nos.32674-32678/2010 and W.P.Nos.33998-34002/2010 were elected from Kanakagiri, Hiriyur, Hosadurga, Pavagada and Malavalli Assembly constituencies respectively. After the election, the Bharatiya Janatha Party (hereinafter called ‘BJP’ for short) which was the single largest party, was invited to form the Government. Sri. B.S. Yeddyurappa, who was