BALCHANDRA L. JARKIHOLI & ORS. versus B.S. YEDDYURAPPA & ORS.

BALCHANDRA L. JARKIHOLI & ORS. versus B.S. YEDDYURAPPA & ORS.

The Speaker's proceedings disqualifying the appellants were conducted in haste, with insufficient notice, denial of natural justice, and extraneous considerations, failing fair play and constitutional norms. The disqualification under Paragraph 2(1)(a) was unsupported by evidence that the appellants had voluntarily given up BJP membership.

Parties
Appellant: Balchandra L. Jarkiholi; Respondent: B.S. Yeddyurappa
Jurisdiction
India
Judgment Date
13 May 2011
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Karnataka High Court
Outcome
Appeals allowed; Speaker's order and High Court majority judgment set aside; Disqualification Application dismissed.
Legal Topics
Legislative Defection, Disqualification of Members, Natural Justice, Judicial Review
Constitutional Law Legislative Defection Disqualification of Members Natural Justice Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Balchandra L. Jarkiholi

Appellant

B.S. Yeddyurappa

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Karnataka High Court

Legal Issues

  1. 1 Whether the appellants voluntarily gave up their membership of the BJP under Paragraph 2(1)(a) of the Tenth Schedule
  2. 2 Whether the Speaker's proceedings met the requirements of natural justice and fair play
  3. 3 Whether issuing only three days' notice instead of seven was prejudicial to the appellants

Ratio Decidendi

The Speaker's proceedings disqualifying the appellants were conducted in haste, with insufficient notice, denial of natural justice, and extraneous considerations, failing fair play and constitutional norms. The disqualification under Paragraph 2(1)(a) was unsupported by evidence that the appellants had voluntarily given up BJP membership.

Court Disposition

Appeals allowed; Speaker's order and High Court majority judgment set aside; Disqualification Application dismissed.

Orders

  • The Speaker's order dated 10th October, 2010 disqualifying the Appellants is set aside.
  • High Court majority judgment and concurring portions upholding Speaker's decision are set aside.