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 independent candidates, who had been declared elected in the Karnataka Assembly Election. One of such letters is produced as Annexure 'F' to the writ petitions, wherein the petitioners herein and five other independent Members of the Legislative Assembly, have expressed that they were disillusioned with the functioning of the Government headed by Sri B.S. Yadiyurappa. They averred that there has been widespread corruption, nepotism in the functioning of the Government headed by Sri B.S. Yadiyurappa and a situation has arisen that the governance of the State cannot be carried on in accordance with the provisions of the Constitution of India and Sri B.S. Yadiyurappa as Chief Minister has forfeited the confidence of the people and in the interest of the State and the people of Karnataka, the petitioners expressed their lack of confidence in the Government headed by Sri B.S. Yadiyurappa and as such, they are withdrawing their support to the Government headed by Sri B.S. Yadiyurappa, Chief Minister and requested the Governor to intervene and institute constitutional process as the constitutional head of the State.

2.2 On the same day i.e., 06.10.2010, the Governor of Karnataka, addressed a letter to the Chief Minister stating that he had received letters from 14 Bharatiya Janata Party Members of Legislative Assembly (MLAs.,), and five independent MLAs., withdrawing their support to the Government and enclosed the list of MLAs., along with the letters submitted by them. The list included seven Ministers in the Government at the time of submitting the letter. The Governor has further stated that considering the relative strength of different groups in the Karnataka Legislative Assembly and in view of withdrawal of support by the said 19 members, a reasonable doubt had arisen about the support/confidence the Government enjoyed in the Legislative Assembly and wherefore, he requested the Chief Minister to prove that he still continued to command the support of the majority of the Members of the Legislative Assembly, by introducing and getting passed a suitable motion expressing confidence in his Government, in the legislative Assembly on or before 12.10.2010 by 5 p.m. and that he has also requested the Hon'ble Speaker accordingly.

2.3 In view of the aforesaid letter of the Governor dated 06.10.2010, Sri B.S. Yadiyurappa, who is the leader of the Bharatiya Janata Party Legislature Party in the Karnataka Legislative Assembly, made an application to the Speaker of the Karnataka Legislative Assembly under Rule 6 of the Karnataka Legislative Assembly (Disqualification of Members on Ground of Defection) Rules, 1986 (hereinafter referred to as 'the Rules') on 06.10.2010 as per Annexure 'H' to the writ petitions to declare that the petitioners herein, who were elected