D.SUDHAKAR Vs D.N.JEEVANRAJU .
Bench: ALTAMAS KABIR,CYRIAC JOSEPH, , ,
Case number: C.A. No.-004510-004514 / 2011
Diary number: 6237 / 2011
Advocates: AMARJIT SINGH BEDI Vs
RUCHI KOHLI
REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs.4510-4514 OF 2011 (Arising out of SLP(C)Nos.5966-5970 of 2011)
D. Sudhakar & Ors. … Appellants
Vs.
D.N. Jeevaraju & Ors. … Respondents
WITH C.A.Nos.4517-4521 of 2011
(@ SLP(C)Nos.5995-5999 of 2011)
J U D G M E N T
ALTAMAS KABIR, J.
1. Leave granted.
2. We are unable to accept the submission
made on behalf of the respondents that by
extending support to Shri Yeddyurappa in the
formation of the Bharatiya Janata Party led
Government the appellants had sacrificed their
independent identity. The fact that the said
appellants also joined the Council of Ministers
does not also point to such an eventuality. It
is no doubt true that an independent legislator
does not always have to express his intention to
join a party in writing, but the mere extension
of support to Shri Yeddyurappa and the decision
to join his Cabinet, in our view, was not
sufficient to indicate that the appellants had
decided to join and/or had actually joined the
Bharatiya Janata Party, particularly on account
of the subsequent conduct in which they were
treated differently from the Members of the
Bharatiya Janata Party.
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3. We are, therefore, unable to sustain the
decision of the Speaker as affirmed by the High
Court and we, accordingly, allow the appeals and
set aside the orders passed by the Speaker on
11.10.2010 and by the Full Bench of the High
Court on 14.2.2011.
4. There will, however, be no order as to
costs.
5. Detailed judgment will follow.
…………………………………………J. (ALTAMAS KABIR)
…………………………………………J. (CYRIAC JOSEPH)
New Delhi, Dated: 13.05.2011.
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