Is it not convention that single largest party gets invited to form govt: SC on Karnataka tussle

With the Karnataka power tussle turning into a midnight courtroom battle, the Supreme Court asked was it not a convention that the single largest party gets invited to form the government, as it began hearing on a plea by the Congress-JD(S) combine against the governor's decision to invite BJP's B S Yeddyurappa to take oath as chief minister.

The apex court also asked can it restrain the governor from inviting a party to form the government, to which senior lawyer and Congress leader A M Singhvi said the Supreme Court had done so in the past.

The court said was it not a convention that the single largest party gets invited by governor to form government and prove majority.

Arguing on behalf of the Congress and JD(S), Singhvi told a three-judge bench, constituted by Chief Justice Dipak Misra to hear the matter, that the governor has negated democracy by not calling the alliance commanding majority in Karnataka.

"It is the biggest license to poaching if the governor gives 15 days to BJP to prove majority as in earlier such cases 48 hours were given by SC," Singhvi said.

He said the BJP has 104 MLAs and Governor invited B S Yeddyurappa to form govt in "unconstitutional manner", even as JD(S) leader HD Kumaraswamy along with the Congress has 116 MLAs supporting him.

Senior advocate Mukul Rohatgi, representing BJP and B S Yeddyurappa, said no injunction can be issued to the governor.

The bench, comprising justices A K Sikri, S A Bobde and Ashok Bhushan, commenced hearing on the matter at 2:11 AM. Attorney General K K Venugopal and ASG Maninder Singh were also in court on behalf of the Centre.

Hours after the Congress-JD(S) appraoched the CJI for an urgent hearing, the Supreme Court decided to hear the late night 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 joint petition by the KPCC president G Parameshwara and H D Kumaraswamy sought a stay on the oath-taking ceremony, as communicated by the governor to the BJP's chief ministerial candidate B S Yeddyurappa.

In its midnight legal push, the Congress and JD (S) approached the Supreme Court seeking an immediate intervention by the chief justice to stay the move, which it termed as an "encounter of the Constitution".

The Congress urged Chief Justice Misra to hold an urgent hearing tonight itself since Yeddyurappa is slated to take oath as chief minister at 9 am tomorrow.

Singhvi said the party sought hearing on its petition challenging the governor's decision tonight itself.

The Congress termed the governor's decision as "murder of democracy and trampling of Constitution".

Earlier in the evening, Vala invited Yeddyurappa to form the government and take oath as chief minister tomorrow. He also asked Yeddyurappa to seek a vote of confidence within 15 days of assuming office.

Singhvi, who has been assigned the task to lead Congress' legal challenge against Vala's decision, had met the Supreme Court registrar to take forward the process to hear the "urgent petition".

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