A five-judge Constitution bench headed by Chief Justice- designate Justice H L Dattu said for the time being, it is not taking on record the additional affidavit and other materials (including alleged CD of a sting operation) of the Aam Aadmi Party that has alleged horse-trading by rival BJP to gain majority in the assembly.
"On the last date of hearing, it was made clear to you (Centre) that either the election be held or a government is formed. The Centre should take a decision, otherwise the alleged horse-trading will continue," the bench remarked.
Fixing the next hearing to October 10, the court said that the matter cannot be kept pending and it may take a view after the Centre informs it about the decision of the President and subsequent political developments.
On being alleged by Nariman that largescale horse-trading was on, the bench, in a lighter vein, said, "Why we call this horse-trading? Why not men's trading?".
During the hearing, BJP was represented by senior lawyer Aman Sinha who objected to AAP's attempt to bring on record the affidavit alleging horse-trading.
"Unfortunately, the petitioner (AAP) is in the habit of making wild, sweeping allegations. Earlier also they filed an affidavit alleging horse-trading which they had to withdraw later. The BJP does not believe in any unethical practice and the highest court of the country cannot be used for political purposes by a political party," he said.
At the outset, the bench said that it does not form the opinion by watching news channels and reading news papers and asked Additional Solicitor General (ASG) P S Narsimha, who was appearing for the Centre, about the latest status.