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Six precedents where alliance was called to form govt: Singhvi in SC

Press Trust of India  |  New Delhi 

The Congress-JD(S) combine today referred to six past precedents to buttress its argument in the on the crisis that commanding majority have been given the opportunity to form in the past.

A special bench of three-judges headed by Justice A K Sikri was told by the that deliberate delay in inviting the of Congress-JD(S) combine to form in amounted to subverting democracy.

Singhvi referred to five instances, the latest one being in February this year in

In assembly polls, the single largest party had 21 seats but the alliance which was invited to form by the was a combination of National Peoples Party-UDP-PDF-HSDP-BJP having 37 seats in total.

"In 2017, in assembly election, the party got 28 seats but the party or alliance which was invited to form the government by the was BJP with support from Naga Peoples Front", he said.

The third incident he cited was of assembly election in which got 17 seats but the alliance, which was called to form the government was BJP with support from and others which had a total of 22 seats.

Similarly, Singhvi referred to the 2013 assembly polls in Delhi, where BJP despite having 31 seats in the 70-member House was not called, but the alliance of and Congress was called to form government.

"In 2005, assembly election, BJP having got 30 seats in the 81-member House was not called and Mukti Morcha (JMM) with support from Congress was called by the to form the government," he said.

Referring to the 2002 assembly elections, Singhvi said the National Conference got 28 seats, but People's and Congress combine was called to form the government.

Returning to the May 12 assembly elections, Singhvi said, "This inaction on the part of the governor is directed to somehow benefit the BJP which has a strength of 104 MLAs in the legislative assembly and is attempting to reach the half-way mark by undemocratic means and attempts to poach the MLAs of the INC-JD(S) alliance with a naked allurement of money and muscle power".

He said the Congress-JD(S) had staked claim to form the government but the BJP, which is at the Centre, tried to use the Governor's office to somehow delay the invitation to the combine so that in the ensuing time, "all kinds of unconstitutional and illegal means can be adopted" to form the government in the state.

"Such manoeuvring by the BJP and the governor to suit their political agenda actually amounts to a death knell to democracy which is a basic feature of our Constitution," he said, adding that discretionary powers of the Governor are not beyond the judicial review and any illegal and arbitrary decision taken is liable to be struck down by the court.

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

First Published: Thu, May 17 2018. 21:20 IST