Supreme Court is hearing 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.
Cheif Justice CJI accepted hearing Congress and JDS petition questioning how karnataka governor can allow BJP with out full majority. Hearing starts at 1.45 am IST.
Congress lawyer AM Singhvi says,”It is unheard of to give 15 days for floor test. Elementary common sense would tell that 104 party being called ahead of 116 parties and then giving them 15 days is adding insult to injury”
Justice SA Bobde said,”We are also wondering whether this Court can restrain the Governor because that might lead to a constitutional vacuum as far as government in a state is concerned.”
Swearing-in is a purely executive act, says Singhvi
If we stop Governor’s order, will it not create vacuum?: Judge to Abhishek Manu Singhvi
Can Supreme Court overrule Governor’s order? : Judge Arvind Bobde asked Singhvi
Abhishek Manu Singhvi cites alliances in Meghalaya, Manipur, #Goa, #Delhi, Jharkhand, Jammu And Kashmir where combination of parties was given preference over single largest party.
Singhvi further said he has signatures of 117 MLAs. Asks, why BJP is given 15 days to form govt.
Former Attorney General Mukul Rohtagi has argued that Governor’s decision’s can’t be challenged in court.
Singhvi says Article 361 is immunity from prosecution, not entirely from judicial review. Governor’s exercise of discretionary power can be challenged in court, he claims.
Power of Supreme Court is greater than that of Governor. Postponement of swearing-in ceremony will not amount to interference in Governor’s work, said Singhvi to 3 judge bench
Mukul Rohatgi representing BJP begins his argument says, it will be an interference if Supreme Court stops Governor’s decision and that its impossible to stay Governor’s order.
Can a floor test be ordered without swearing in of the CM: Justice SA Bobde to AG KK Venugopal
“It was wrong. Last midnight hearing we had was in case of Yakub Memon.
Is this case that urgent?” questions former AG
Supreme Court shouldn’t have allowed midnight hearing.
Last midnight hearing we had was in case of Yakub Memon: Mukul Rohatgi
Justice SA Bobde said, “we do not know what kind of majority BS Yeddyurappa has claimed.
Unless we see that letter of support, we cannot speculate”, while hearing the petition filed by Congress & JD(S) challenging Karnataka Governor’s decision
Singhvi hands over to the SC bench copies of the invite by the Governor to BSY to form the govt. Justice Bobde, looking at the bad photocopy said, ‘this document is as dark as the night.’
“In a case like this where the opposite side is showing 117 MLAs support, how will you have 112 MLAs support?,”
Justice AK Sikri asks AG KK Venugopal, while hearing the petition filed by Congress & JD(S) challenging Karnataka Governor’s decision
Governor could have waited for some more time before taking his decision: 3 judge bench
The SC can curtain the time period from 15 to 10 or 7 days says Rohatgi.
The AG says that we do not know if Yeddyurappa will face floor test. The petition should not have been filed.
They should have waited for the outcome of the floor test, he also says. The swearing in can be subject to the outcome of the floor test he also says.
You are not even appearing for BSY. You are for some MLAs, Singvi tells Rohatgi. The balance of convenience and majesty of law supports postponement of the swearing in by 10 or 3 hours.
What if BSY does not have majority? My Lords can have the swearing in by evening. Rohatgi argues, “ allows the swearing in and then unscramble the egg.
SC now agrees to continue hearing the matter after Singvi continues to persist. The SC had said that it would not interfere with the swearing in earlier.
Singvi continues to plead that the swearing in ceremony be postponed to 4.30 pm today. Rohatgi appearing for the BJP opposes. Hearing continues in Supreme Court.
Rohatgi says that in Goa, Digambar Kamat of Congress never made a claim. So the next person Manohar Parrikar of the BJP made the claim and was invited to form the government.
The number of days that could be given to Yeddyurappa to prove his majority can be debated after two days. It is not a case of Yakub Memon hanging that the arguments to continue exactly in the same fashion from 2 am to 5 am, he also said.
The order of the Governor can be questioned not stayed says SC
If a Governor dared to make a one party party CM, we cannot injunct the CM from taking oath. But we can stay his government from functioning says SC.
Singvi says you cannot give me a right of which the remedy is illusory.
The court says, are you saying we cannot stop a government from functioning.
Supreme Court asks Yeddyurappa to produce letter of support by 2 PM.
In a sudden twist the AG has been asked to produce the letter given to the Governor by Yeddyurappa.
The Supreme Court has refused to stay the swearing in ceremony of B S Yeddyurappa.
The ceremony is scheduled for 9.30 am. The court has asked Yeddyurappa to produce the letter of support in court by 2 pm.
Singvi pleaded with the court to schedule the floor test for Friday. The court refused the plea and said that it would continue hearing the matter on Friday at 10.30 am.