Advocate Sirajin Basha, on whose private complaints cases had been registered against Yeddyurappa, filed an affidavit before Justice BS Patil praying that the petitions filed by Yeddyurappa seeking quashing of the lower court order taking cognisance of the complaints be heard by another judge.
Hearing Yeddyurappa's two petitions, Justice Patil on September 30 had stayed the Lokayukta court proceedings. But on an appeal by Basha, a division bench vacated the stay on October 4.
In his September 30 order, Justice Patil took serious objection to the conduct of the complainant and his counsel Hazmath Pasha who sought further time despite five days of arguments. The counsel was not only abusing the process of law but trying to protract the proceedings, he had observed.
In his affidavit, Basha submitted "certain instances have transpired in the connected writ petitions and said unreal facts of delaying tactics was taken as the basis for grant of stay.
"Therefore, I am deeply hurt and feel that the decision in the writ petitions be rendered by any other judge than your Lordship," Basha submitted.
In another twist, counsel Pasha told the court today that the affidavit seeking change of judge has been filed without his knowledge and sought to retire from the case.
Justice Patil said he would pass the necessary orders on the affidavit on Friday.