SC holds hearing at 1.45am after Cong-JD(S) asks it to block Yeddy’s swearing-in at 9am
Parties File Joint Petition After Governor Gives BJP 15 Days To Prove Majority In Assembly
Naheed Ataullah & Dhananjay Mahapatra TNN
Bengaluru/New Delhi: 17.05.2018
After another day of intense political drama in Bengaluru, the action shifted to New Delhi late Wednesday night as the Congress and JD(S) moved the Supreme Court in a bid to stop B S Yeddyurappa, leader of the 104-strong BJP in the Karnataka assembly, from being sworn in as chief minister at 9am today. The 11th-hour legal manoeuvre by the newly minted alliance came after governor Vajubhai Vala invited Yeddyurappa to take oath as CM and gave him 15 days to prove his majority, a decision that instantly triggered araging controversy because it is seen to give the BJP ample time to entice Congress and JD (S) MLAs-elect to switch sides.
Supreme Court officials gathered at the CJI's residence and went through the petition. There was only one previous instance of the SC agreeing to a late night hearing -- when a three-judge bench was set up to hear a plea seeking postponement of the death sentence awarded to Mumbai blasts convict Yakub Memon. One of the judges on that bench, Justice Dipak Misra, now the CJI, set up another three-judge bench of Justices A K Sikri, S A Bobde and Ashok Bhushan, to consider the Congress-JD(S) petition. It was announced that the hearing would begin at 1.45am.
The hearing was still on at the time of going to press and it was unclear whether Congress-JD(S) would get the immediate relief they seek. Their arguments revolve around stating that BJP has presented no evidence that it can get the additional eight MLAs it needs to reach the majority mark from its current 104 seats and the invitation to Yeddyurappa would ensure horse trading.
Congress was represented by Manu Abhisekh Singhvi and the BJP and Centre (read governor) were represented by former attorney general Mukul Rohatgi.
Rohatgi was expected to argue that the discretion of the governor cannot be challenged and there were sufficient precedents to support his decision when the incumbent government had lost decisively and the third player was a distant third.
Only 2nd midnight hearing in SC history
The dramatic post-midnight hearing last night marks only the second time in the judicial history of independent India that such an event has taken place. In the previous instance, a three-judge Supreme Court bench began hearing a petition seeking postponement of Yakub Memon’s execution at 3.24am on July 30, 2015. At 4.46am, Yakub’s final petition was dismissed.
Appealed only for conscience vote: BJP
In case the low-key swearingin ceremony goes ahead at Raj Bhavan, it is likely to be skipped by both Prime Minister Narendra Modi and BJP chief Amit Shah. Vala ignored the Congress-JD(S) combine’s claim that their chief ministerial nominee H D Kumarawamy be given the first opportunity to form the government as the two parties with 116 MLAs between them enjoy a clear majority in the House, which has an effective strength of 222.
Though the decision of the governor, who served as a minister in the BJP government in Gujarat before taking up the constitutional office, was along anticipated lines, it attracted a furious response from Congress and JD(S), which accused him of shaming the Constitution. The two parties rushed to CJI Dipak Misra in the night to secure a “stay” order. They also sought a direction from the court to the governor to invite Kumaraswamy to form the government.
Seeking quashing of the governor’s decision, joint petitioners KPCC chief G Parmeshwara and JD(S) president Kumaraswamy said, “Failure of the governor to invite Congress-JD(S)-BSP alliance which together commands a clear majority of 116 legislators in the assembly is ex facie unconstitutional, illegal and arbitrary.”
Besides privileging Yeddyurappa over Kumaraswamy on the ground that BJP finished as the single largest party, the governor was also attacked for giving Yeddyurappa a fortnight to secure a vote of confidence from the assembly, with Congress alleging that the window would be used to manufacture a mandate. “Fifteen days will be used to turn 104 into 111,” former finance minister P Chidambaram said.
Independent MLA R Shankar symbolised the tussle for MLAs. The lawmaker was found at Yeddyurappa’s house in the morning. By evening, he was back with the Congress-JD (S) combine and accompanied them to Raj Bhavan. Shankar later said he believed the best interests of his constituents would be served by him being with the Congress.
BJP denied the “horse trading” charge and was upfront in acknowledging that it had appealed to MLAs of rival parties to exercise a “conscience vote” — shorthand for a call to defy whips issued by Congress and JD(S).
Parties File Joint Petition After Governor Gives BJP 15 Days To Prove Majority In Assembly
Naheed Ataullah & Dhananjay Mahapatra TNN
Bengaluru/New Delhi: 17.05.2018
After another day of intense political drama in Bengaluru, the action shifted to New Delhi late Wednesday night as the Congress and JD(S) moved the Supreme Court in a bid to stop B S Yeddyurappa, leader of the 104-strong BJP in the Karnataka assembly, from being sworn in as chief minister at 9am today. The 11th-hour legal manoeuvre by the newly minted alliance came after governor Vajubhai Vala invited Yeddyurappa to take oath as CM and gave him 15 days to prove his majority, a decision that instantly triggered araging controversy because it is seen to give the BJP ample time to entice Congress and JD (S) MLAs-elect to switch sides.
Supreme Court officials gathered at the CJI's residence and went through the petition. There was only one previous instance of the SC agreeing to a late night hearing -- when a three-judge bench was set up to hear a plea seeking postponement of the death sentence awarded to Mumbai blasts convict Yakub Memon. One of the judges on that bench, Justice Dipak Misra, now the CJI, set up another three-judge bench of Justices A K Sikri, S A Bobde and Ashok Bhushan, to consider the Congress-JD(S) petition. It was announced that the hearing would begin at 1.45am.
The hearing was still on at the time of going to press and it was unclear whether Congress-JD(S) would get the immediate relief they seek. Their arguments revolve around stating that BJP has presented no evidence that it can get the additional eight MLAs it needs to reach the majority mark from its current 104 seats and the invitation to Yeddyurappa would ensure horse trading.
Congress was represented by Manu Abhisekh Singhvi and the BJP and Centre (read governor) were represented by former attorney general Mukul Rohatgi.
Rohatgi was expected to argue that the discretion of the governor cannot be challenged and there were sufficient precedents to support his decision when the incumbent government had lost decisively and the third player was a distant third.
Only 2nd midnight hearing in SC history
The dramatic post-midnight hearing last night marks only the second time in the judicial history of independent India that such an event has taken place. In the previous instance, a three-judge Supreme Court bench began hearing a petition seeking postponement of Yakub Memon’s execution at 3.24am on July 30, 2015. At 4.46am, Yakub’s final petition was dismissed.
Appealed only for conscience vote: BJP
In case the low-key swearingin ceremony goes ahead at Raj Bhavan, it is likely to be skipped by both Prime Minister Narendra Modi and BJP chief Amit Shah. Vala ignored the Congress-JD(S) combine’s claim that their chief ministerial nominee H D Kumarawamy be given the first opportunity to form the government as the two parties with 116 MLAs between them enjoy a clear majority in the House, which has an effective strength of 222.
Though the decision of the governor, who served as a minister in the BJP government in Gujarat before taking up the constitutional office, was along anticipated lines, it attracted a furious response from Congress and JD(S), which accused him of shaming the Constitution. The two parties rushed to CJI Dipak Misra in the night to secure a “stay” order. They also sought a direction from the court to the governor to invite Kumaraswamy to form the government.
Seeking quashing of the governor’s decision, joint petitioners KPCC chief G Parmeshwara and JD(S) president Kumaraswamy said, “Failure of the governor to invite Congress-JD(S)-BSP alliance which together commands a clear majority of 116 legislators in the assembly is ex facie unconstitutional, illegal and arbitrary.”
Besides privileging Yeddyurappa over Kumaraswamy on the ground that BJP finished as the single largest party, the governor was also attacked for giving Yeddyurappa a fortnight to secure a vote of confidence from the assembly, with Congress alleging that the window would be used to manufacture a mandate. “Fifteen days will be used to turn 104 into 111,” former finance minister P Chidambaram said.
Independent MLA R Shankar symbolised the tussle for MLAs. The lawmaker was found at Yeddyurappa’s house in the morning. By evening, he was back with the Congress-JD (S) combine and accompanied them to Raj Bhavan. Shankar later said he believed the best interests of his constituents would be served by him being with the Congress.
BJP denied the “horse trading” charge and was upfront in acknowledging that it had appealed to MLAs of rival parties to exercise a “conscience vote” — shorthand for a call to defy whips issued by Congress and JD(S).
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