D. Sudhakar &
Ors. Vs. D.N. Jeevaraju & Ors.
J U D G M E N T
ALTAMAS KABIR, J.
1.
Leave
granted.
2.
We
are unable to accept the submission made on behalf of the respondents that by extending
support to Shri Yeddyurappa in the formation of the Bharatiya Janata Party led Government
the appellants had sacrificed their independent identity. The fact that the said
appellants also joined the Council of Ministers does not also point to such an eventuality.
It is no doubt true that an independent legislator does not always have to
express his intention to join a party in writing, but the mere extension of support
to Shri Yeddyurappa and the decision to join his Cabinet, in our view, was not sufficient
to indicate that the appellants had decided to join and/or had actually joined the
Bharatiya Janata Party, particularly on account of the subsequent conduct in which
they were treated differently from the Members of the Bharatiya Janata Party.
3.
We
are, therefore, unable to sustain the decision of the Speaker as affirmed by the
High Court and we, accordingly, allow the appeals and set aside the orders passed
by the Speaker on 11.10.2010 and by the Full Bench of the High Court on
14.2.2011.
4.
There
will, however, be no order as to costs.
5.
Detailed
judgment will follow.
...............................................J.
(ALTAMAS KABIR)
...............................................J.
(CYRIAC JOSEPH)
New
Delhi,
Dated
13.05.2011
Back