- (1.) Through the instant writ petitions, the Petitioners have assailed an order dated 10.10.2010, passed by the Speaker of the Karnataka Legislative Assembly, whereby the Petitioners have been disqualified from their membership to the Karnataka Legislative Assembly, on account of having arrived at the conclusion that the Petitioners had defected from the Bharatiya Janata Party, on whose ticket they were elected to the Karnataka Legislative Assembly, in 2008.
(2.) Before dealing with the issues canvassed at the hands of the Learned Counsel for the rival parties (on the basis whereof they either assailed or supported the order dated 10.10.2010, passed by the Speaker of the Karnataka Legislative Assembly), it is essential to delineate material facts leading to the passing of the impugned order. The relevant factual position is therefore being narrated hereinafter.
(3.) Interestingly, the process leading to the passing of the impugned order came to be initiated at the hands of the Petitioners themselves. The Petitioners addressed letters to the Governor of the State of Karnataka on 06.10.2010. The text of one of the communications addressed to the Governor is reproduced hereunder: Date 06.10.2010 His Excellency I was elected as an MLA on BJP ticket. 1 being an MLA of the BJP got disillusioned with the functioning of the Government headed by Shri. B.S. Yeddiyurappa. There have been widespread corruption, nepotism, favourtism abuse of power, misusing of government machinery in the functioning of the Government headed by Chief Minister Shri. B.S. Yeddiyuauppa and a situation has arisen that the governance of the State cannot be carried on in accordance with the provisions of the constitution and Shri. Yeddiyurappa as Chief Minister has forfeited the confidence of the people. In the interest of the State and the people of Karnataka I hereby express my lack of confidence in the Government headed by Shri. B.S. Yeddiyurappa and as such I hereby withdraw my support to the Government headed by Shri B.S. Yeddiyurappa, Chief Minister, I request you to intervene and institute the constitutional process as constitutional head of the State . (emphasis is mine) It would be relevant to mention, that all the Petitioners addressed separate individual communications dated 06.10.2010, wherein the text of each of the aforesaid communications was identical. A perusal of the letters addressed by the Petitioners to the Governor of the State of Karnataka on 06.10.2010 reveal, that the Petitioners acknowledged therein, that they had been elected to the Karnataka Legislative Assembly on Bharatiya Janata Party tickets. According to the letter, they were disillusioned with the functioning of the Government under the leadership of Chief Minister Mr. B.S. Yeddiyurappa. It was alleged, that the Government under the leadership of the Chief Minister was responsible for widespread corruption, nepotism, favoritism, abuse of power and misuse of Government machinery. It was, accordingly, asserted, that it was in the interest of the people of the State of Karnataka, for the Petitioners to express their lack of confidence in the Government headed by Chief Minister Mr. B.S. Yeddiyurappa. It is, therefore, that the Petitioners, through the communications addressed to the Governor of the State of Karnataka, asserted, that they had withdrawn their support to the Government headed by Chief Minister Mr. B.S. Yeddiyurappa. Having withdrawn support, the Petitioners through the aforesaid communications also requested the Governor to intervene and institute a constitutional process, in his capacity as the constitutional head of the State of Karnataka.;