After Karnataka Governor Vajubhai Vala invited BJP legislative party leader BS Yeddyurappa to form the new government in the state, the Congress approached Supreme Court Chief Justice Dipak Misra for an urgent hearing on the matter.
The BJP said the Governor had given Yeddyurappa 15 days to prove strength in House.
As per latest reports, the Secretary General of the top court, along with other senior registrars, reached the residence of the CJI past midnight to inform him about the Congress petition.
Leading his party’s challenge, Congress leader Abhishek Singhvi questioned the over two-week window given to the BJP to prove its majority in the House.
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“Ever heard of 15days 2prove majority 2 a 104 MLA strength party when opposers gave lists totalling 116! Sc reduced floor test duration in Jagdambika pal UP case; anil jha Jharkhand case & kevalker Goa case from 7days to 48 hrs in each case. No reason for SC 2differ this time,” Singhvi tweeted.
In a series of tweets, Singhvi said it was interesting that BSY was given 15 days even though he had sought only seven days.
“This by itself is enuff to prove discarding of all constitutional Norms & acting virtually as a partisan agent of the central Govt nt a ctal functionary,” he posted.
Singhvi has filed his petition with the Supreme Court registry, which is learnt to have informed the Chief Justice of India. The CJI has discretion to decide on “urgency”.
Singhvi, however, justified the urgent SC hearing saying since the swearing-in announced for 9 am after a 9 pm invite by the Governor validated the urgency.
The Congress earlier said the Governor had denigrated his office and acted as a “BJP puppet”.
Addressing a press conference, Congress spokesperson Randeep Singh Surjewala said the PM Narendra Modi and BJP president Amit Shah had sanctioned “encounter of the Constitution”.
Karnataka Governor Vajubhai Vala has invited Yeddyurappa to take oath as Chief Minister at 9.30 am on Thursday morning.
The BJP, meanwhile, defended the Governor’s invitation to Yeddyurappa to form the new government, and accused the Congress and the JD-S of sabotaging the people’s mandate.
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“We (BJP) won the majority in the state… There was no pre-poll alliance between Congress and JD-S, which fought each other bitterly and criticised each other,” BJP national general secretary P Muralidhar Rao told reporters in Bengaluru.
Rao said it was only constitutional to allow the single-largest party to form the government and prove its majority on the floor of the House.
“The letter we’ve received from the Governor has directed us to prove our majority within 15 days of assuming the office,” he added.
Of the 222 constituencies where polling was held on May 12, the BJP won in 104, while the Congress won in 78 seats and the JD-S in 38, along with ally BSP, won one seat, throwing up a hung verdict.