The Supreme Court today ordered a floor test in the Karnataka Assembly at 4 PM tomorrow, reducing the 15-day window given by the Governor to BJP Chief Minister B S Yeddyurappa to prove majority.
"Let the House decide and the best course would be floor test," a three-judge bench headed by Justice A K Sikri said.
The top court said the Pro tem speaker will take decisions in accordance with the law on the issue of floor test.
The apex court also directed the Karnataka government and the Governor not to nominate any MLA from the Anglo-Indian community to participate in the floor test tomorrow.
The bench also asked the newly elected government not to take any major policy decision till it proves majority in the House.
It also ordered authorities including the DGP to ensure law and order outside the Karnataka Assembly.
The apex court made it clear that it would deal with the constitutionality of the Governor's letter inviting Yeddyurappa to form the government later.
The bench said ultimately the question is about majority which has to be proved in the floor test.
Senior advocate Mukul Rohatgi, appearing for the Chief Minister, had sought reasonable time till Monday for the floor test but the bench, also comprising Justices S A Bobde and Ashok Bhushan, ordered for tomorrow.
The Supreme Court also turned down Yeddyurappa's request for a secret ballot during the floor test.
During the hearing which went for more than an hour, Yeddyurappa today placed before the apex court letters he had sent to Governor Vajubhai Vala in which he had staked claim to form the government in Karnataka.
Yeddyurappa, who was sworn in as the chief minister of Karnataka yesterday, told the bench that being the single largest party the BJP was the "mandate of people" of the state who have thrown out the Congress.
Rohatgi told the bench that there was no pre-poll alliance between the Congress and JDS and they have formed an "unholy alliance" after the elections.
The apex court was hearing a petition moved by the Congress-JDS combine challenging the governor's decision to invite the BJP to form government.
"The single largest party (BJP) is the mandate of people of Karnataka who have thrown out the ruling party. The ruling party has much less members than us. There was no pre-poll alliance. It (Congress-JD(S)) is an unholy alliance," Rohatgi said.
At the outset, the bench asked the Attorney General K K Venugopal, "Have you brought those letters (sent to the Governor by Yeddyurappa)?"
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