Karnataka govt formation: Everything that happened inside and outside Supreme Court

The Supreme Court today refused to stay BJP leader B S Yeddyurappa's swearing-in as Karnataka Chief Minister, paving the way for formation of his government after dramatic turn of events through the night inside and outside the courtroom that saw a rare post-midnight hearing continuing till the wee hours.

"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.

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.

Here's how the mid-night drama unfolded inside and outside Supreme Court

►05:30 am |   Good Morning Karnataka!, tweets BJP

Good Morning Karnataka!

In a few hours from now, Sri @BSYBJP will be sworn in as Chief Minister as per your wishes.

While we will start a golden chapter in the history of Karnataka, the people of India, like the SC, will reject Congress's mercy petition.#DemoracyWins

— BJP Karnataka (@BJP4Karnataka) May 16, 2018

►05:28 am |  SC issues notice to Karnataka govt and Yeddyurappa on Cong-JD(S) petition. The top court directs letter sent by BJP to Governor be placed before it. "It is necessary to peruse letter sent by BJP to Governor to decide the matter."

► 05:26 am | SC refuses to stay swearing-in ceremony of B S Yeddyurappa as chief minister of Karnataka

►05:21 am | Number of days to be given to Yeddyurappa to prove majority can be debated after two days: Rohatgi to SC.

►05:11 am | Arguments ends

►04:50 am | Abhishek Manu Singhvi pleads the swearing-in ceremony to be deferred by 4.30 pm today while BJP's lawyer Mukul Rohatgi continues his argument

►04:32 am | SC refuses to defer swearing-in ceremony

►04:31 am | Singhvi pursuing SC bench not to dictate order

►04:06 am | Question is can there be an injunction against the Governor: Rohatgi to SC

►04:02 am |  Dismiss the petition right away as it is misconceived: Rohatgi tells SC

►04:00 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 | If Cong-JD(S) outweigh BJP in number, how they are claiming majority? Why has Governor given 15 days for floor test: SC.

►03:40 am | AG starts argument, says whole thing in grey area. It is in realm of scrutiny.  AG says swearing-in subject to outcome of floor test and SC can hear the matter after that.

►03:37 am | Unless we see BJP's letter, we do not know what kind of majority it has; we can't speculate

►03:14 am | You want us to scrutinise discretion of Guv but you don't have letter given to Guv which found basis for inviting BJP: SC tells Singhvi

► 02:50 am | Supreme Court Observes: We are wondering whether SC can restrain Guv that might lead to a constitutional vacuum in the state. A general trend of past SC judgment is not to issue an injunction to Governor or to retrain Governor

► 02:50 am | SC asks can apex court restrain Governor from inviting a party to form govt; Singhvi says SC has done in past.

► 02:45 am | AM Singhvi says, 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

► 02:30 am | Abhishek Manu Singhvi argues in court. Says it is unheard of to give 15 days for floor test. Giving permission to someone who is having 104 seats as compared to the other group that is having 116, is adding insult to injury

► 02:19 am | Senior advocate Mukul Rohatgi, representing BJP and BS Yeddyurappa, says no injunction can be issued to Governor. 

► 02:11 am | SC bench, comprising justices A K Sikri, S A Bobde and Ashok Bhushan, commences hearing on the matter. Attorney General K K Venugopal, ASG Maninder Singh in court for hearing.

► 01:00 am | SC accepts Congress' plea against Governors' decision to invite @BSYBJP to form govt. SC constitutes bench for urgent hearing, matter to be heard at 1:45 am in court no-2

► 12:30 am |  Supreme Court Registrar arrives at the residence of Chief Justice of India Dipak Misra, with the petition filed by Congress and JD(S)

► 11:45 pm | I seek your support and blessings as I take oath as the Chief Minister of Karnataka tomorrow on May 17 at 9 AM in Raj Bhavan. Honourable Governor Shri Vajubhai Vala will administer the oath.

► 11:30 pm | Union Minister Prakash Javadekar arrived at the residence of BS Yeddyurappa. He says, "Definitely, we have (numbers). You will see it." 

► 11: 25 pm | HD Kumaraswamy arrives at Eagleton Resort in Bengaluru where Congress and JD(S) MLAs are staying

► 10:15 pm | Congress moves Supreme Court against Karnataka Governor's invitation to BJP to form government

► 09:45 pm | Karnataka Governor encountered Constitution at the behest of PM Narendra Modi and Amit Shah, says Congress

► 09:30 pm | BJP leader Murlidhar Rao says BS Yeddyurappa will be taking oath (as CM of Karnataka) alone, after proving majority cabinet will be sworn in.

How Congress reacted after Governor invited to BJP

The Congress termed the move to form a BJP government in Karnataka as "illegal and against the law and constitution." 

"Calling an immoral and illegal government to be sworn in as an illegitimate child cannot sustain the scrutiny of Constitution or the test of law," said Congress Communications in-charge Randeep Surjewala at a press conference.

The Congress had also said that granting 15 days' time to Yeddyurappa to prove majority on the floor of the House will promote horse trading, alleging that BJP will resort to poaching of MLAs of Congress and JD(S).

► Congress accuses govt of denigrating the Governor's office

Randeep Surjewala accused Vala of denigrating the Governor's office, trampling upon Constitution and abusing law and acting like a "BJP puppet".

Vala, Surjewala charged, chose to serve "his masters in the BJP" than serving the Constitution. "Vajubhai Vala denigrates the Governor's office,tramples upon Constitution,abuses the law and acts as a BJP puppet.

► Blame-Game

On Wednesday, the JD(S)-Congress combine's chief ministerial candidate HD Kumaraswamy claimed the BJP offered his MLAs Rs 100 crore in bribes to break ranks and back the BJP in government formation, a charge rejected by the saffron party.

"Our MLAs were offered Rs 100 crore by the BJP to break away. I want to know whether this is black or white money," he told a press conference.

"The JD(S)-Congress combine has 116 MLAs (including JD(S) pre-poll ally the BSP)...the BJP is trying to misuse its power being at the Centre and form its government through horsetrading," he said.

However, Union minister Prakash Javadekar rubbished Kumaraswamy's charge saying it is "imaginary".