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Karnataka govt formation: Supreme Court refuses to stay swearing-in ceremony of BS Yeddyurappa

Government and BJP council says they are ready to conduct floor-test within 7 days

Karnataka govt formation: Supreme Court refuses to stay swearing-in ceremony of BS Yeddyurappa
supreme-court

The Supreme Court is hearing the petition filed by the Congress and the JD(S) challenging Karnataka Governor Vajubhai Vala's decision to invite the BJP to form the government in the southern state.

The Chief Justice of India Dipak Misra has constituted a bench comprising Justices A K Sikri, S A Bobde and Ashok Bhushan to hear the matter in court number six.

 The Supreme Court tonight said it was not in favour of deferring BJP leader B S Yeddyurappa's swearing-in as Karnataka Chief Minister, even as the Congress and JD (S) continued their past-midnight legal push to stall the government formation in the state.

"As far as swearing-in is concerned, we are not restraining it, but we are making it subject to the outcome of the case," a three-judge bench, comprising justices A K Sikri, S A Bobde and Ashok Bhushan, said in a rare past-midnight hearing that was continuing till the wee hours of Thursday.

Governor Vajubhai Vala has invited BJP legislature party leader B S Yeddyurappa to form the government in Karnataka.

Vala also asked 75-year-old Yeddyurappa to seek a vote of confidence within 15 days of assuming office as the chief minister.

Toiling hard to control the levers of power in Karnataka, Yeddyurappa and H D Kumaraswamy, the leader of the newly formed JD(S)-Congress alliance had earlier met Vala and staked claim to form the government.

With 104 MLAs in the 224-member Assembly, the BJP is the single largest party, while the JD(S)-Congress coalition, formed after the election results were declared, has 116 legislators. It has also claimed support of an independent MLA.

Announcing Vala's invitation to form the government, BJP national general secretary Muralidhar Rao said the understanding between the Congress and JDS was only "to keep the BJP off." 

Here are live updates on Karnataka government formation:

LIVE Blog
17 May 2018
03:58 AM

Question is can there be an injunction against the Governor: Rohatgi to SC

03:58 AM

Why has Governor given 15 days for floor test: SC

03:51 AM

Government and BJP council says they are ready to conduct floor-test within 7 days. The hearing continues in Court no 6 of Supreme Court.

03:45 AM

Karnataka govt formation | It is preposterous to argue before MLAs take oath they are not amenable to anti-defection law; means open invitation to horse trading

03:40 AM

The matter shouldn't be heard in the night. Heavens won't fall if someone is sworn in. Last time SC heard in the night, the case related to the hanging of Yakub Memon: M Rohatgi, BJP's lawyer tells the court in hearing of a plea filed by Cong & JD(S) challenging Karnataka Governor's decision

03:31 AM

"We do not know what kind of majority BS Yeddyurappa has claimed. Unless we see that letter of support, we cannot speculate":  Justice SA Bobde

03:30 AM

Swearing-in ceremony can be held day after tomorrow: Abhishek Manu Singhvi 

03:16 AM

SC asks Singhvi to wind up arguments as he has already argued for more than an hour. Singhvi seeks few more minutes

03:10 AM

You want us to scrutinise discretion of Guv but you don't have letter given to Guv which found a basis for inviting BJP: SC tells Singhvi

03:07 AM

Singhvi says under Constitution immunity is given to Guv only for discharge of duties. 

03:07 AM

Supreme Court Observes: 

We are wondering whether SC can restrain Guv that might lead to a constitutional vacuum in the state. The general trend of past SC judgment is not to issue an injunction to Governor or to retrain Governor.

02:57 AM

AM Singhvi refers to Bommai, Sarkaria Report and Goa case 

02:46 AM

Who is in-charge today in Karnataka, asks SC. Singhvi says the caretaker government.

02:45 AM

AM Singhvi in court

Cong was deprived to form govt in Goa despite being single largest party, SC had upheld govt formation by BJP. Governor negated democracy by not calling Cong-JD(S) combine commanding majority in Karnataka.

It is biggest license to poaching if Guv gives 15 days to BJP to prove majority; in earlier such cases 48 hrs given by SC

SC asks can apex court restrain Governor from inviting a party to form govt; Singhvi says SC has done in past

02:21 AM

It's unheard that a party is given 15 days time to prove its majority from 104 to the magical number(112). Giving permission to form the govt to someone who is having 104 seats as compared to the other group that is having 116, is adding insult to injury: Abhishek Manu Singhvi

02:07 AM

On Wednesday, Congress legislature party passed a resolution supporting JD(S). HD Kumaraswamy submitted 37 MLAs signatures to the Governor, supporting Congress. BJP has just 104 MLAs in support and the Governor has invited BJP leader BS Yeddyurappa to form the government. It is completely unconstitutional: Abhishek Manu Singhvi

01:58 AM

SC begins hearing Congress-JD(S) plea challenging governor's decision to invite BJP

01:54 AM
01:52 AM

► Governor has the discretion to call the largest party and he has done so. If the single largest party won't be able to form the govt, the other party will be called. In the case of Goa election, single largest party Congress had not presented its side, that's the difference: Former AG Mukul Rohatgi

01:15 AM

Additional Solicitor General Tushar Mehta also reaches the Supreme Court to defend the Union

01:15 AM

Three-judge bench of Justice AK Sikri, Justice Ashok Bhushan and Justice Gobde to hear Congress & JD(S) petition challenging Karnataka Governor's decision at 1:45 am

01:04 AM

Irrespective of merits, very gracious of SC to fix hearing at 145 pm at ct no 2. Shows justice never sleeps & accessibility is 24x7, where merits so demand. Which apex court in world allows such accessibility?: Tweets Abhishek Manu Singhvi

12:35 AM

Security stepped up around CJI residence

Security was beefed up tonight and a strong posse of policemen deployed on the way leading to the 5 Krishna Menon Marg residence of CJI Deepak Misra, after news spread that the Congress has approached the apex court against Karnataka Governor's decision to invite the BJP to form the government in the southern state.

12:31 AM

Supreme Court Registrar arrives at the residence of Chief Justice of India Dipak Misra, with the petition filed by Congress and JD(S) over swearing-in of BS Yeddyurappa

12:07 AM

"Definitely, we have. You will see it," says Union Minister Prakash Javadekar on being asked if BJP has the number of MLAs to prove majority. He has arrived at the residence of BS Yeddyurappa

11:33 PM

Abhishek Singhvi says BSY had asked for seven days time to prove majority. Governor gives him fifteen days! 

In a series of tweets, Abhishek Singhvi says

► Ever heard of 15 days to prove majority two a 104 MLA strength party when opposers gave lists totaling 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 two differs this time.

► Governor cld not have given written permission & license for poaching more effectively than by this letter inviting BSY’s minority & then giving them 15days to show majority.

► Elementary common sense tells all that no one with 104 can cross 112 with out massive horse trading.

► BSY had asked for seven days time to prove majority. Governor gives him fifteen 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.

11:15 PM

Congress has asked for a hearing before the swearing in. Tomorrow being last day of Justice Chalemeshwar, he will be in CJI's court. The petition put forward by Congress-JDS with the CJI has two pleas: to stop the swearing in and to reduce the 15 days time to prove majority.

11:00 PM

Congress seeks hearing in Supreme Court tonight on its petition against the Karnataka Governor's decision

10:50 PM

Cong-JDS files joint petition with registrar: Reports

10:33 PM

Senior Congress leaders have started moving to CJI Dipak Misra's house 

10:12 PM

By giving 15 days time (to prove majority) Governor is encouraging horse-trading by BJP leaders, this is unconstitutional. We will discuss the future plan: HD Kumarasway on Karnataka Governor's invite to BJP to form a government 

10:11 PM
10:09 PM
10:02 PM

Vajubhai Vala has shamed office of Governor: Congress leader Randeep Singh Surjewala

► Vajubhai Vala denigrates the Governor’s office, tramples upon Constitution, abuses the law & acts as a BJP puppet.

► He (Vala) chooses to serve his Master’s in BJP rather then serve the Constitution.

► Even the Governor is not sure whether the BJP has the numbers or not

► Want to ask now how did BJP with 12 legislators in GOA formed the government while Congress has 18.

►Want to ask Amit Shah, how did MGP and GFP form government with BJP. How did you form the government in Meghalaya with 2 MLAs while Congress had 22.

09:46 PM

The party that blew up the constitution to shambles is teaching us the constitution, the party that imposed President rule the most number of times is giving us lessons: Union Minister Ravi Shankar Prasad

09:23 PM

Tomorrow BS Yeddyurappa will be taking oath (as CM of Karnataka) alone, after proving majority cabinet will be sworn in: Murlidhar Rao, BJP

09:22 PM

After deleting a tweet, BJP Karnataka now says Yeddyurappa to be sworn-in at 9.00 am

08:58 PM

Reports of BSY to take oath tomorrow 'shocking' if true: Congress

The Congress today termed as 'shocking' the Karnataka BJP spokesperson's claim that B S Yeddyurappa will be sworn in tomorrow and said it will tantamount to 'murdering' democracy, 'trampling' Constitution and disregarding all the precedents.

Congress' chief spokesperson Randeep Singh Surjewala also said that the will of the majority cannot be subjugated at the whims of the BJP and the Narendra Modi government at the Centre.

"Shocking, if true? Will tantamount to murdering democracy, trampling Constitution & disregarding all precedents. Majority will can't be subjugated at the whims of BJP & Modi Govt, Surjewala said on Twitter.

08:58 PM
08:41 PM

Congress MLAs arrive at Eagleton Resort near Bengaluru

08:40 PM

Where are you taking this country, one wonders? Someone has been offered Rs 3 crore, someone Rs 5 crore and someone Rs 100 crore, anybody walking on the road has a price?: HD Kumaraswamy, JD(S)

08:37 PM

Chidambaram says Governor is bound by SC judgment 

► Governor holds an exalted constitutional office, he shouldn't walk on a perilous path which is illegal. He's bound by SC judgment, bound to invite leader of alliance which is presented to him as an alliance that commands maturity of members in the legislative assembly, says P Chidambaram

► What is standing in way of the Governor from extending an invitation to a leader of the alliance (HD Kumaraswamy), who clearly demonstrated that he commands the support of the majority?

08:35 PM
05:39 PM

We have submitted the necessary documents which show that we have the numbers required to form the government. He (Governor of Karnataka) promised he will consider according to the Constitution: HD Kumaraswamy after meeting Karnataka Governor

04:30 PM

Congress MLAs to leave for Raj Bhavan from Karnataka Pradesh Congress Committee (KPCC) office.


03:55 PM

 Governor grants appointment to JD(S) at 5 PM

02:51 PM

We sincerely feel that Governor will go by the Constitution: Ghulam Nabi Azad, Congress

02:42 PM

Congress, JD(S) waiting eagerly for Governor's invitation, says Ghulam Nabi Azad

02:41 PM
02:41 PM

Congress to parade all of its 78 MLAs before Governor, to launch protest if BJP invited to form govt. Read full story here
 

 

02:03 PM

DK Shivkumar says no question of asking Deputy CM post.

"Karnataka BJP In-charge on HD Kumaraswamy's horse-trading allegations," Congress leader DK Shivakumar says

01:52 PM

All the MLAs are intact. Some of the MLAs came late because they came in a special flight from Bidar: G Parameshwara, Congress

01:50 PM

"Rs 100 crore figure is not only imaginary but it is what Congress-JD(S) do politics through. We are going by rules, we have submitted our claim to the Governor, wer are confident of forming the govt," says BJP's Prakash Javadekar

 

01:48 PM

"They are leveling baseless charges against BJP. Poaching and horse trading is not done by BJP, Congress is famous for it. Their own MLAs are not happy with their alliance," says Javadekar

 

01:47 PM

Kumaraswamy claims BJP offered Rs 100 crore, cabinet posts to JD(S) MLAs. Read full story here

01:42 PM

BJP does not indulge in horsetrading. Rs 100 crore is imaginary: Prakash Javadekar, Union Minister 

01:10 PM

73 of 78 MLAs were present at the Congress meeting, others were in touch

12:48 PM

Congress legislature party meeting over, MLAs endorse Kumaraswamy as leader of alliance

12:47 PM

If BJP starts poaching my legislators I will also start doing the same: Kumaraswamy 

12:47 PM

Congress has offered me unconditional support: Kumaraswamy 

12:26 PM

Kumaraswamy thanks Congress for offering support

 

12:26 PM

While PM had talked about depositing Rs 15 lakh in every account, Rs 100 crore is been pored to buy MLAs: Kumaraswamy 

12:22 PM

Where are the income tax officials, asks Kumaraswamy

12:21 PM

JD(S) MLAs are being offered Rs 100 crore each. Where is this black money coming from? They are supposedly the servers of poor people and they are offering money today: HD Kumaraswamy

12:20 PM

Yeddyurappa does not have the numbers, BJP is trying to break our party: Kumaraswamy

12:16 PM

There is no question of supporting BJP: Kumaraswamy

12:15 PM

They (BJP) are trying to break outr party, they have offered money and minister position to our MLAs: Kumaraswamy, JD(S)

12:15 PM

Congress, JD(S) blame BJP for poaching their MLAs, BJP claims 'unethical' alliance between bitter enemies. Read full story here

12:14 PM

There are precedents of Goa and Manipur: Kumaraswamy, JD(S)

12:12 PM

BJP is saying it must be invited to form government as it is single largest party but the same BJP did not let Congress form governments in Goa and Manipur: Kumaraswamy

12:11 PM

People do not want BJP government, but it is desparate: Kumaraswamy

12:10 PM

Yeddyurappa stakes claim to form govt in Karnataka, says Governor will take decision soon. Read full story here

12:05 PM

Congress leaders DK Shivkumar is in touch with some BJP MLAs: Sources tell DNA

12:04 PM

When it comes to proving the majority, party has to show numbers, we will do that for sure. I can't speak openly but we will definitely prove the majority. It is BJP who was given the mandate by people: Bhagwanth Khuba, BJP 

12:04 PM

HD Kumaraswamy will be the CM & there'll be a coalition govt. That is the only truth. People want him to be the CM. These kind of mechanistion will happen in a but the fact is that HD Kumaraswamy will be CM. We won't be influenced by anyone: A Manjunath, JD(S)

 

11:59 AM

HD Kumaraswamy elected as legislative party leader in a meeting of the JD(S) MLAs in Bengaluru

11:44 AM

The party has chosen me. I have given the letter to the Governor & he will call me, that is what I am hoping. He told me that he will take an appropriate decision. I'll inform you after I receive letter from Governor: BS Yeddyurappa, BJP after meeting the Governor 

11:44 AM

HD Kumaraswamy will be the CM & there'll be a coalition govt. That is the only truth. People want him to be the CM. These kind of mechanistion will happen in a but the fact is that HD Kumaraswamy will be CM. We won't be influenced by anyone: A Manjunath, JD(S)

 

11:30 AM

66 out of the 78 MLAs reach for Congress legislative meeting at Karnataka Party Congress Committee office in Bengaluru, reports ANI

11:29 AM

"We have to protect the verdict of the people. They (BJP) are doing bad politics. We don't have to stoop down to their level. We are 118 in number number, we don't want anyone. No body has called me to the resort," Congress MLA NA Harris

 

11:28 AM

6 BJP MLAs in touch with us, says Congress leader MB Patil

 

11:04 AM

Two JD(S) MLAs - Raja Venkatappa Nayaka and Venkata Rao Nadagouda - missing from the legislative party meeting currently underway in Bengaluru 

 

11:04 AM
11:02 AM

Governor is obliged to call the single largest party, which is BJP. He should call BJP leader asking him if he can form govt. If he says he can't, the Guv will call second party: Mukul Rohatgi, former Attorney General 

11:01 AM

We are the single largest party. You have seen how Congress & JD(S) were fighting, six months back. Now, they want to come together and make government: Union Minister DV Sadananda Gowda

10:54 AM

HD Kumaraswamy says the JD(S) has already made its decision to go with the Congress

"We have already decided to go with Congress. That's the reason we called Janta Dal (Secular) Legislature Party meeting. There is no question of taking any other decision," Kumaraswamy.

 

10:44 AM

Congress says Governor has to cut all its previous associations, he cannnot take side. Read full story here

10:26 AM

Union Minister Prakash Javadekar says defections in JD(S) and Congress because the MLAs don't appreciate the alliance between the two parties. 

"People want BJP government and we will make it. Anyone can create unnatural tensions, but people of Karnataka are with us. After meeting, we will take necessary steps. This attempt made by Congress to make a backdoor entry is not appreciated," Javadekar said.

10:25 AM

BS Yeddyurappa says he will go to meet the Governor after electing a legislature party leader. 

"During the legislature party meeting the leader will be elected. From there we will go to Raj Bhavan immediately. We will claim to form the govt. Most probably we will ask the Governor to give us time tomorrow," Yeddyurappa said. 

10:24 AM
09:22 AM

"JD(S) and Congress have the numbers. I hope the governor will discharge his constitutional duties & invite HD Kumaraswamy to talk. If BJP puts pressure on the governor, it will be the death of Democracy," says Danish Ali, JD(S)

09:21 AM

"We believe in all our MLAs. BJP is trying hard to get them. They don't believe in democracy, BJP just wants power. All the people are happy, nobody is unhappy here," says Ramalinga Reddy, Congress

09:21 AM
09:21 AM

If Congress MLAs in Karnataka will be shifted somewhere else? Here is how Congress leader DK Shivakumar replied to this question

"Yes definitely there is a plan. We have to safeguard our MLAs, We will let you know what is the plan."

09:19 AM
09:18 AM

We have the numbers, Governor cannot take sides, says Congress' Ghulam Nabi Azad

"The single largest party doesn't have the numbers. BJP has 104, we (Congress & JDS) have 117. Governor cannot take sides. Can a person who is there to save constitution, destroy it too? The Governor has to cut all its previous associations, be it BJP or RSS." 

09:16 AM

How will BJP get no. to form govt? Here is how BJP MLA Basavaraj Bommai replied to this 

"Political scenario will unfold in next 2-3 days. It depends on development in political parties. As of now, we aren't approaching any individuals but politics is art of possibility."

 

09:14 AM


Congress MLA Amaregouda Linganagouda Patil Bayyapur claims he recived a call from BJP leaders offering minister's post .

 

09:13 AM

There is no doubt, we will form government. 100% we'll do that. Wait and watch. Results came out only yesterday. It has been only a day. See what can happen in Karnataka in a day: BJP's KS Eshwarappa

09:13 AM

 

09:12 AM

JD(S) legislature party to begin at 11 am to elect Kumaraswamy as leader. 

09:00 AM

Congress legislature party to meet at 10 am to elect G Parmeswara as leader. The meeting will take place at KPCC office.

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