After the Karnataka Assembly elections threw up a split verdict, the Congress and JD (S) had allied together and quoted the SR Bommai judgment to Governor Vajubhai Vala in hopes their post-poll alliance would be invited to form the government over BJP.
The court's registry took the urgent plea to chief justice Dipak Misra's residence at 11.30 pm. "BJP's formation of the government will be subject to our final decision", the court said. The Congress and JD (S) pleaded for the same citing BJP's inadequate strength in the assembly to stake claim at forming the state government. A bench of Justices AK Sikri, SA Bobde and Ashok Bhushan was specially convened at odd hours to hear the petition which challenges the Governor Vajubhai Vala's communication to Yeddyurappa to be sworn in as CM.
The new BJP government has 15 days to gather enough support to survive a vote in the legislature on its leadership.
The apex court also questioned the basis on which Yeddyurappa was invited to form government.
Speaking about Anand Singh, the Congress MLA-elect from Vijayanagara, who had jumped ship from the BJP to Congress in January 2018 and has gone "missing", Kumaraswamy told media persons, "Early morning I have got information about Anand Singh". The bench asked Attorney General KK Venugopal, appearing for the Centre and Yeddyurappa to produce these letters on next hearing tomorrow at 10.30 am. It remains to be seen whether Jethmalani, who had announced his retirement from the legal profession past year, would be permitted to appear before the bench of Justices Sikri, Bobde and Bhushan on Friday (May 18) when it resumes hearing the petition filed by the Congress challenging Governor Vala's decision. The BJP has 104 MLAs in the House, eight short of the magic figure of 112. "We don't know if we will form the government".
However, both the A-G and Rohatgi argued that the governor's decision can not be stayed by the court. Slamming the protests by the Congress leaders, BJP's Kumar said, "If Congress wants to protest, they should protest against Rahul Gandhi, Sonia Gandhi & Siddaramaiah, as this trio has ruined the Congress". "Horse trading is a constitutional sin and the delay in floor test, will encourage this", he said.
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