KG Bopaiah, who has been appointed as the pro tem speaker ahead of the crucial vote of confidence in the Karnataka Assembly, was rapped by the Supreme Court for being partisan during the vote of confidence in 2010.
“Drastic and partisan step taken in hot haste and great hurry with extraneous considerations,” were the words use by Supreme Court while striking down Bopaiah’s decision in 2010, disqualifying 16 MLAs to ensure that the then chief minister BS Yeddyurappa won the trust vote.
On October 2010, a vote of confidence was called after several BJP MLAs had objected to the government under the leadership of Yeddyurappa. In a controversial move, the then Speaker Bopaiah had disqualified 11 BJP MLAs and 5 Independents.
Here are the excerpts from the Supreme Court Judgment:
The matter went to the court and in its judgment, the Supreme Court on 13 May 2011 had said: "The procedure adopted by the Speaker seems to indicate that he was trying to meet the time schedule set by the Governor for the trial of strength in the Assembly and to ensure that the appellants and the other independent MLAs stood disqualified prior to the date on which the floor was to be held. It would appear that such a course of action was adopted by the Speaker on 10 October 2010 since the vote of confidence was slated for 12 October," read the Supreme Court’s order.
Although the decision to appoint the pro tem Speaker is at the discretion of the Governor, the precedence was to appoint the senior-most member of the Assembly.
In the current Assembly, 8th time MLA and Congress leader RV Deshpande is the senior-most member. Even in the BJP, Bopaiah is not the senior-most, the BJP’s Umesh Katti has been elected to the House seven times.
Congress lawyers are on the way to the SC to file a petition challenging Bopiah’s appointment.
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