The Supreme Court tonight agreed to hear at 1:45 am the 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 Congress and the Janata Dal (Secular) has sought a stay on the oath-taking ceremony, as communicated by the governor to the BJP's chief ministerial candidate B S Yeddyurappa.
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.
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 advocate Dev Dutt Kamath contended that despite presenting the list of 116 MLAs, governor Vajubhai 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.
The petition, it is learnt, has also stated that an order should be passed for inviting the Congress to form the government.
Kamath and other advocates earlier met the registrar for putting the petition before CJI Misra for constituting the bench.
Sources said the BJP has also kept a team of senior advocates, including C S Vaidyanathan, ready to represent the party.
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.)