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Karnataka Election: Supreme Court Directs Floor Test Today

Karnataka Election: Supreme Court Directs Floor Test Today
Newly sworn-in Karnataka Chief Minister B. S. Yeddyurappa assumes charge at his office in Bengaluru on Thursday. (Source: PTI)
8 years ago
Counting of votes begins at 8 am today in 222 of the 224 Karnataka asembly constituencies that went to polls on May 12 amid a record voter turnout.

Yeddyurappa government not to take any major policy decisions until the floor test is done, directs Supreme Court.

  • Pro tem speaker will conduct the floor test.
  • All legislators will be sworn in before the floor test.
  • Interim Chief Minister Yeddyurappa cannot take any executive decisions before the floor test.
  • Supreme Court will hear Congress-JD(S)'s plea on the Karnataka Governor's decision to invite BJP to form government in 10 weeks.

Lawyer for Congress-JD(S), Abhishek Manu Singhvi said both the parties are ready for a trust vote tomorrow to prove their majority in the Karnataka assembly. However, BJP’s Lawyer Mukul Rohatgi sought more time, according to an ANI report.

It is just a number game, one who enjoys the majority should be invited to form the Govt, says Supreme Court, reports ANI.

Karnataka Chief Minister was confident that he will be able to prove a majority on the floor of the house. I have been given 15 days but I won’t take so long to prove the majority, Yeddyurappa told reporters in a press briefing.

Senior lawyer Ram Jethmalani moved Supreme Court in his personal capacity against the decision of the Karnataka Governor inviting BJP to form government, reports PTI. Governor's order is a 'gross abuse' of Constitutional power, Jethmalani told Supreme Court. A bench headed by Chief Justic Dipak Misra asked Jethmalani to mention his plea on Friday before the bench which heard the petition by the Congress and JD(S) challenging Governor Vajubhai Vala's decision to invite the BJP to form government in the state.

After a three hour long hearing the Supreme Court has refused to stay the BJP’s oath taking ceremony on Thursday morning and the consequent government formation in Karnataka.

The matter will continue to be heard on Friday at 10.30am. By which time Attorney General KK Venugopal has been directed to produce the letter written by BJP Karnataka leader BS Yeddyurappa to the governor.

The judges say they are not inclined to defer the swearing in ceremony. Singhvi says he’s not seeking to injunct the governor’s actions, just that the consequences be stayed.

This was followed by a couple of rejoinders. Finally, at 5.15am the bench has begun to dictate its order.

Rohatgi is appearing as counsel for some BJP MLAs. Argues for dismissal of the petitions.

The action of the governor can be right or can be wrong. It can be judicially reviewed but there cannot be injunction against a governor, Rohatgi says. This is the spirit of the constitution and the boundary of the court.

Venugopal says the anti-defection law may not apply if an MLA resigns and joins another political party before he/she is sworn in as an MLA.

The Supreme Court bench terms the argument as preposterous.

Venugopal points out that even if a government is sworn in, that can be reversed if the court wants. He seeks the swearing-in ceremony be deferred.

Arguing for some BJP MLAs, Mukul Rohatgi says the matter should never have been heard at midnight. “This should not have happened.”

Rohatgi was appointed India’s 14th Attorney General by the BJP soon after it won the general elections of 2014. He served till June 2017.

With that Singhvi concludes his arguments.

Attorney General KK Venugopal enters the courtroom shortly after the hearing begins.

Congress Moves Supreme Court Against Karnataka Governor’s Invite To BJP To Form Government

The manner in which this entire episode has played itself is bizarre and absolutely extraordinary.
Congress Leader Manish Tewari

The governor has officially confirmed that the BJP is lacking in numbers and given fifteen days to stitch that up, said Krishna Prasad, a policy analyst. "Fifteen days is quite shocking. Usually the norm is about a week," Prasad told BloombergQuint. "Frankly, this brings no glory to the office of the governor."

If we didn’t have the numbers why will we stake claim?
Gopal Agarwal, BJP Spokesperson

Is It Legal?

It won't be unconstitutional for the Karnataka governor to invite Yedyurappa to form the government despite his affiliation to the BJP, according to Kumar. "The point is that the constitution tries to determine how to act in every plausible situation. There is place for the governor to exercise his discretion," he told BloombergQuint.

Former Karnataka Chief Minister BS Yeddyurappa met Governor Vajubhai Vala to stake claim to form the government in the state. “I have met the governor and sought adequate time to prove my majority in the floor of the house,” Yeddyurappa told reporters.

"If JD(S) allies with the BJP, they are going to suffer the same fate that Peoples Democratic Party (PDP) is suffering in Kashmir. PDP is now extremely unpopular in Kashmir and the Bharatiya Janata Party (BJP) is extremely unpopular in Jammu," Congress Spokesperson Salman Soz told BloombergQuint in an interview.

There is no other option, constitutionally, apart from inviting the JD(S)-Congress coalition to form the government, said Congress’ communications chief Randeep Surjewala in a media conference. “That's why we hope that the JD(S) and Congress coalition will welcomed by the Governor, in accordance with the law and Supreme Court's guidelines,” he added.

Vala has been the Karnataka governor since 2014. Prior to that the BJP member served as a cabinet minister in Gujarat between 1997 and 2012.

Sensex, Nifty End Lower On Karnataka Cliffhanger

Chief Minister Siddaramaiah had granted religious minority status to the Lingayat community ahead of the assembly elections to woo its voters. Moily said that Congress shouldn't have taken up that issue just before the polls.

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The Parliamentary Board of the Bharatiya Janata Party is set to meet at 6 p.m. at the party headquarters in New Delhi.

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Karnataka Election Results: 10 Things To Watch

Chamundeshwari: While Congress workers are pretty confident of Yathindra’s victory in Varuna, the ‘battle for prestige’ lies in the incumbent chief minister’s old constituency Chamundeshwari. The 69-year old Chief Minister will be up against his one-time associate GT Deve Gowda of the JD(S), who has not lost a single election from the constituency; whether it be a Zilla Parishad or a municipal election.

Ballary: The traditional stronghold of the Reddy brothers will be another key contest to watch out for. The contest here though is multi-directional, with rebels in both Congress and BJP looking to topple the apple cart. The BJP has fielded G Somashekar Reddy, the elder brother of G Janardhan Reddy against Anil Lad of the Congress. Looking to spring an upset will be Hothur Mohammed of the JD(S) who is also a mine owner.

While the rest of the country has been slowly swept away by the saffron wave, Karnataka also remains important for Prime Minister Narendra Modi’s Bharatiya Janata Party. The results will be an early indicator of the people’s sentiment ahead of the general election next year.

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