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
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:
Latest Updates
Why has Governor given 15 days for floor test: SC
Question is can there be an injunction against the Governor: Rohatgi to SC
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.
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
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
"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
Swearing-in ceremony can be held day after tomorrow: Abhishek Manu Singhvi
SC asks Singhvi to wind up arguments as he has already argued for more than an hour. Singhvi seeks few more minutes
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
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.
Singhvi says under Constitution immunity is given to Guv only for discharge of duties.
AM Singhvi refers to Bommai, Sarkaria Report and Goa case
Who is in-charge today in Karnataka, asks SC. Singhvi says the caretaker government.
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
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
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
SC begins hearing Congress-JD(S) plea challenging governor's decision to invite BJP
â–º 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
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
Additional Solicitor General Tushar Mehta also reaches the Supreme Court to defend the Union
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
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.
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
"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
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
â–º Ever heard of 15 days to prove majority two a 104 MLA strength party when opposers gave lists totaling 116!
â–º 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.
â–º 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.
â–º Elementary common sense tells all that no one with 104 can cross 112 with out massive horse trading.
â–º BSY had asked for seven days time to prove majority. Governor gives him fifteen days!
â–º 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.
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.
Congress seeks hearing in Supreme Court tonight on its petition against the Karnataka Governor's decision
Cong-JDS files joint petition with registrar: Reports
Senior Congress leaders have started moving to CJI Dipak Misra's house
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
Vajubhai Vala has shamed office of Governor: Congress leader Randeep Singh Surjewala
â–º Vajubhai Vala denigrates the Governor’s office, tramples upon Constitution, abuses the law & acts as a BJP puppet.
â–º He (Vala) chooses to serve his Master’s in BJP rather then serve the Constitution.
â–º Even the Governor is not sure whether the BJP has the numbers or not
â–º Want to ask now how did BJP with 12 legislators in GOA formed the government while Congress has 18.
â–ºWant 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.
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
Tomorrow BS Yeddyurappa will be taking oath (as CM of Karnataka) alone, after proving majority cabinet will be sworn in: Murlidhar Rao, BJP
After deleting a tweet, BJP Karnataka now says Yeddyurappa to be sworn-in at 9.00 am
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.
Congress MLAs arrive at Eagleton Resort near Bengaluru
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)
Chidambaram says Governor is bound by SC judgment
â–º 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
â–º 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?
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
Congress MLAs to leave for Raj Bhavan from Karnataka Pradesh Congress Committee (KPCC) office.
Governor grants appointment to JD(S) at 5 PM
We sincerely feel that Governor will go by the Constitution: Ghulam Nabi Azad, Congress
Congress, JD(S) waiting eagerly for Governor's invitation, says Ghulam Nabi Azad
Congress to parade all of its 78 MLAs before Governor, to launch protest if BJP invited to form govt. Read full story here