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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