Supreme Court decision on Karnataka elections: Better to have floor test tomorrow

Supreme Court decision on Karnataka elections: Better to have floor test tomorrow

The Congress and JD-S had challenged Karnataka Governor Vala's invitation to Yeddyurappa to form the government despite the BJP falling short of legislative numbers to claim majority in the 222-member Assembly.

Even as State BJP Chief Yeddurappa was being sworn-in as Chief Minister at the Raj Bhavan here, the Congress and JD (S) MLAs staged a protest in front of Mahatma Gandhi Statue near Vidhana Soudha.

The BJP with only 104 MLAs has got its chief minister sworn-in in the state, while the Congress and JD (S) having a majority of 118 MLAs have been denied the chance to form the government which is a "murder" of democracy by the saffron party, Maken said.

"If a Governor dared to make a one-man party the chief minister, we cannot injunct the CM from taking the oath but we can stay his government from functioning", Bobde said.

He said he could not reveal their names in court but was confident that they would have the majority if there was a floor test.

The Supreme Court also turned down Yeddyurappa's request for a secret ballot during the floor test.

Karnataka assembly will be convened at around 11 am tomorrow morning.

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"The single largest party (BJP) is the mandate of people of Karnataka who have thown out the ruling party".

Senior advocate Mukul Rohatgi, appearing for Yeddyurappa, had sought time till Monday for the floor test but the bench ordered it for Saturday. "But wait and see, we will give a fitting reply to the Congress and the other parties that are going after us", he said. There was no pre-poll alliance.

The bench had adjourned the matter asking the BJP counsel to produce the two letters written by Yeddyurappa to the governor. The JD (S) and the Congress had moved the Supreme Court after governor Vajubhai Vala invited the BJP to form the government first, seeking a stay on the swearing-in, calling it unconstitutional.

The Congress-JD (S) alliance moved a fresh plea in Supreme Court on Thursday challenging Governor Vajubhai R Vala's decision to nominate an Anglo-Indian MLA to the state assembly. In Manipur, Goa and Meghalaya, the respective governors had changed the rules of the game by saying no single largest party will form the government if someone else had the numbers.

When the court wanted to know whether staking a claim to form the government with only 104 MLAs would not result in horse-trading, the attorney-general, Mr Venugopal, argued that since the elected candidates had not taken the oath, they were not subject to the anti-defection law.

After a almost three-and-a-half-hour hearing beginning 2:11 AM, a three-judge apex court bench made it clear that the provisional swearing-in and the government formation would be subject to the final outcome of the case before it.

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