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2010 Supreme(Kar) 1249

V.G.SABHAHIT
Gopala Krishana Elur – Appellant
Versus
B. S. Yeddiyurappa Chief Minister – Respondent


Advocates:
Advocate Appeared:
Mr. K.G. Raghavan, Sriyuths, A.K. Subbaiah, A.S. Ponnappa, B.V. Acharya, Shashikiran Shetty, Ravivarma Kumar, A.K. Subbaiah, Ponnappa, for the Appellant
Mr. K. Soli J. Sorabji, Satyapal Jain, K.N. Bhat, Sriyuths, M.B. Naragund, Vivek S. Reddy, Bhupender Yadav, Vikram Phadke, Vinod Kumar, Prasanna Kumar B.T., Muralidhara M., L.N. Hegde, for the Respondent

ORDER

V.G. Sabhahit, J.— These writ petitions are placed before me in view of the order of the Hon'ble Chief Justice dated 18.10.2010 passed in these writ petitions, wherein it is observed that in the Judgment delivered by the Division Bench on 18.10.2010, they had recorded a difference of opinion on one of the issues and the said issue is placed for determination before me. The issue that is referred for determination is as follows:

Whether the impugned order dated 10.10.2010 passed by the Speaker of the Karnataka State Legislative Assembly is in consonance with the provisions of paragraph 2 (1) (a) of the Tenth Schedule of the Constitution of India ?

2. The material facts leading up to this reference of the above said question for determination by this Court are as follows:

2.1 The petitioners had contested the Karnataka Legislative Assembly election in 2008 on Bharatiya Janata Party tickets and were declared elected. Among the petitioners, two of them were working as Ministers in the Cabinet headed by Sri B.S. Yadiyurappa, Chief Minister of Karnataka. The petitioners submitted separate, but identical letters to His Excellency, the Governor of Karnataka on 06.10.2010 along with five

































































































































































































































































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