On Wednesday, the governor sided with the BJP however, asking it to form a government and prove its majority within 15 days in the assembly, according to a copy of a letter posted by the party on Twitter. A three judge bench of the Supreme Court, comprising Justices AK Sikri, Ashok Bhushan and SA Bobde started hearing the petition shortly before 2am. This is because like apex court judges, governors take an oath to uphold the Constitution and not their own political interests which seems to be what Governor Vajubhai Vala has done.
Fearing defection to Bharatiya Janata Party (BJP), Congress and JD-S yesterday chose to shift their MLAs, lodged at Eagleton Resort in Bengaluru. The ruling party has much less members than us.
Having received the list of elected legislators from the Election Commission and having acknowledged the receipt of claims made by the BJP and the JDS-Congress alliance, the governor was duty-bound to invite JD (S) leader H.D. Kumaraswamy to form the government and prove his strength on the floor of the House.
Today, The Supreme Court of India heard the plea filed by Congress-JD (S) against Karnataka Governor inviting BJP to form the government. There was no pre-poll alliance. "We are waiting for them, in another two hours they will come, (JD-S) and Congress both".
Attorney General KK Venugopal, appearing for the Centre, said everything was in the realm of "speculation" as the entire matter was still "a grey area".
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The bench directed Rohatgi to give the copies of the letters to the counsel appearing for Congress-JD (S) combine.
Rohtagi, while reading out the operative part of the May 16 letter sent by Yeddyurappa to the governor, said the BJP leader had said in the letter that the party has emerged as the single largest party in the state and they were wiling to form the government.
Reacting to the development, the Congress said that it was extraordinary and demanded the Supreme Court to take note of this 'confession.' Pawan Khera told NDTV that Rohatgi's statement was a confession of horse-trading and the top court ought to have taken note of his confession.
A strong showing by the BJP in Karnataka has given him momentum for a re-election bid in next year's national polls and opened a path for more reforms, analysts say.
Still, the latest BJP victory shows that Modi's party continues to run a well-oiled election machine, said Pratyush Rao, associate director for India and South Asia at Control Risks, a consultancy.
"It is just a number game; one who enjoys the majority should be invited to form the government", the court added. "Stopped legally, they will now try money and muscle, to steal the mandate", he said.