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SC not right: Experts

delhi Updated: May 17, 2011 22:57 IST
Satya Prakash
Satya Prakash
Hindustan Times
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As the BJP criticised the Supreme Court judgement reversing disqualification of 11 BJP MLAs as "erroneous", legal experts on Tuesday said the court was not right in basing its verdict on the premise that the MLAs only wanted to replace the chief minister, but did not want the government to fall.

A bench headed by justice Altamas Kabir had on Friday said the 11 BJP MLAs were only against Yeddyurappa continuing as chief minister but wanted their party, the BJP, to stay in power.

In an article published on the BJP website, senior party leader Arun Jaitley had said the Supreme Court's conclusions based on a letter written by the rebel MLAs to Karnataka Governor HR Bhardwaj on October 6, 2010 may not be correct.

Former Delhi HC judge RS Sodhi criticised the verdict for creating further confusion. “In my opinion there is no such thing like the chief minister should go and the government should survive...”

Justice Sodhi said: “This is a new thing which the Supreme Court seems to have developed. To my mind there is no logical explanation to it. You can’t say I support the government but I don’t support the chief minister. I see the SC judgment as creating more confusion than clarifying a situation.”

Senior counsel Rajiv Dhavan said: “It is not for the Supreme Court to differ with the Speaker unless the Speaker’s judgment is unreasonably absurd…This was not the case here.”

Dhavan added, “The intention of the rebel BJP MLAs was clearly to defy the party leadership and the effect was to create a political crisis. It cannot be described as an intra-party rebellion.”

Former additional solicitor general Vikas Singh said, “To infer from the letter written by the rebel BJP MLAs that they wanted the chief minister to go and the not the BJP government ... may not be correct.”