The ongoing political drama that is taking place in full public view in Karnataka has now reached the Karnataka High Court. The Vacation Bench of the HC will decide whether the Speaker was right in disqualifying the rebel MLAs from the ruling party, BJP and whether these MLAs are guilty under the provisions of the Anti-Defection Act.

On Monday , the Karnataka Chief Minister, B.S. Yeddyurappa faced a trust vote to prove his party’s continuing majority after 11 rebel MLAs from the party and 5 independent MLAs showed signs of reaching out to the opposition parties in the state.

Before the trust vote could begin, Speaker K.G. Bopaiah dismissed the 16 rebel MLAs from the Karnataka Assembly under the Anti-Defection Act in response to Yeddyurappa's petition. Soon after the floor test was won by the CM, Governor of the State, H.R. Bhardwaj stated that the disqualification of the MLAs was illegal and that President’s Rule be imposed in the state.

The 16 MLAs then approached the High Court where a specially constituted Bench headed by Chief Justice J.S. Kehar and Justice N. Kumar, heard their petition. The CM was represented by former Attorney-General Soli Sorabjee who said there was no violation as far as following principles of natural justice were concerned, as the MLAs had been duly heard by the Speaker before the decision was taken.

Senior Counsel P.P. Rao represented the 11 disqualified BJP MLAs and argued before the Bench that the action was a clear abuse of power. "These MLAs never said that they would leave the party. They were only expressing lack of confidence in the leadership of CM B.S. Yeddyurappa owing to corruption, favouritism and nepotism. Rao as quoted by the media added, “Since their voice was never heard in the party forum, they went to the Governor with a representation. Can it be called defection? There is no mention of these MLAs leaving the party in the representation given to the governor on October 6. There is no crossing floor or dal-badal as mentioned in the schedule 10 (disqualification on grounds of defection) to invite such an order."

A separate petition has been filed before the Bench by the independent MLAs, who are being represented by Senior Counsel K.G. Raghavan of Dua Associates.

The Bench while hearing the petitions asked, "We want to know how the Anti-Defection law is invoked. It is purely a question of law now.” The Tenth Schedule — popularly known as the Anti-Defection Act — was included in the Constitution in 1985 by the Rajiv Gandhi ministry and sets the provisions for disqualification of elected members on the grounds of defection to another political party. The hearing was adjourned with the case being taken up again today while various political parties of the state scramble to prove their majority in the state.