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

Press Trust of India  |  New Delhi 

With the power tussle turning into a midnight courtroom battle, the 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 minister.

The apex court also asked can it restrain the from inviting a party to form the government, to which and A M said the had done so in the past.

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

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

"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," said.

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

Senior 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. 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 decided to hear the late night petition filed by the Congress and the JD(S) Governor Vajubhai Vala's decision to invite the BJP to form the government in the southern state.

The joint petition by the KPCC G Parameshwara and H D Kumaraswamy sought a stay on the oath-taking ceremony, as communicated by the governor to the BJP's ministerial candidate B S Yeddyurappa.

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

The Congress urged Misra to hold an urgent hearing tonight itself since Yeddyurappa is slated to take oath as 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 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 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."

The petition prepared by Dev Dutt Kamath contended that despite presenting the list of 116 MLAs, governor Vala has invited the BJP which has 104 MLAs to form the government and has given relatively longer time of 15 days to prove the majority on the floor of the House.

Kamath and other advocates earlier met the for putting the petition before CJI Misra for constituting the bench.

The Congress has also said that granting 15 days' time to Yeddyurappa to prove majority on the floor of the House will promote horse trading, alleging that BJP will resort to poaching of MLAs of Congress and JD(S).

The BJP has emerged as the single largest party in the southern state winning 104 seats, but is short of a simple majority.

On the other hand, the Congress and JD(S), which have already announced post-poll tie-up, have won 78 and 37 seats respectively and claimed before Vala to have numbers to form government in the state.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, May 17 2018. 03:10 IST