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Hung assembly: Will what happened in Goa and Manipur repeat in Karnataka?


Daijiworld Media Network - Bengaluru

Bengaluru, May 15: Back in 2017 when Congress was the single largest party to win Goa and Manipur elections, BJP managed to form the government through coalitions.

"In a hung assembly, if majority of the elected MLAs form a coalition, the Governor would be constitutionally right in inviting the leader of the majority coalition to form the government and prove their majority within a short period," Finance Minister and Minister of Corporate Affairs Arun Jaitley had then said.

However, now tables have turned and BJP may get the taste of their own medicine by losing the opportunity to form government in Karnataka, even though winning the majority with Congress and Janata Dal (Secular) joining hands. All eyes now lie on Karnataka Governor Vajubhai Vala.

With BJP with 104 seats and needing 112 to form majority, the options left are to either form coalition with JD(S) which looks bleak or poach MLA’s from JD(S) and the Congress.

However, now everything depends on the governor.

As per constitutional provision, the governor invites the single largest party, in this case the BJP, to form the government. However, there are instances that leaders of pre-poll and post-poll alliances were invited and Governor’s discretion can’t be questioned even by the court of law, say constitutional experts.


As per the Sarkaria Commission recommendations, which were affirmed by a Constitution Bench of the SC in Rameshwar Prasad v Union of India in 2005, here are the options for the governor in case of a fractured mandate:

1. The governor can invite an alliance of parties that was formed prior to the elections.

2. The governor can invite the single largest party which stakes a claim to form the government with the support of others, including independents.

3. The governor can invite a post-electoral coalition of parties, with all the partners in the coalition joining the government.

4. The governor can invite a post-electoral alliance of parties, with some of the parties in the alliance forming a government and the remaining parties, including independents, supporting the government from outside.

Last year in Goa, the BJP got lesser seats but approached the governor first. The governor did not consult the Congress and gave BJP the green signal. The Congress is all set to do the same in Karnataka this time. The Congress had approached the Supreme Court which upheld the governor's decision.

Though Vala is a known confidante of Prime Minister Narendra Modi, he may find it difficult to accommodate the BJP this time. “If two parties join together and stake their claim before the governor, then being in the majority, they are bound to be called,” senior advocate and head of Congress’ legal cell K.C. Mittal told media.


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Comment on this article

  • Vincent Rodrigues, Bengaluru/Katapadi

    Wed, May 16 2018

    BJP is expert in making schemes to get the power violating everything

    DisAgree Agree [1] Reply Report Abuse

  • Sumit Shanbhog, Manipal

    Wed, May 16 2018

    Hum Karen tho Chamatkar in Goa, Manipur, Mizoram !!!

    Tum Karo tho Balatkar in Karnataka? Howz that ??? Does BJP has any shame?

    Yeddy's "love for Kursi" has crossed all the limits.....

    DisAgree Agree [7] Reply Report Abuse

  • Rampanna, UDUPI

    Wed, May 16 2018

    BTW, I am really worried for Yeddy now. 130 seats for BJP...... going to Delhi at 3 pm on 15th...... meeting the PM in Delhi..... swearing in on 18th......... langu-pusku....

    Shahid - Is that ambulance still on stand-by mode next to Yeddy's residence?

    DisAgree [2] Agree [15] Reply Report Abuse

  • Jossey Saldanha, Mangalore

    Wed, May 16 2018

    We will not allow Qaid's to rule Karnataka ...

    DisAgree [3] Agree [15] Reply Report Abuse

  • SMR, karkala

    Wed, May 16 2018

    The Congress reminded all how the BJP had begun changing the goalpost since it had successfully formed governments in Goa, Manipur and Meghalaya, despite Congress emerging as the single largest party in these states. In Goa, the saffron party had stitched an unlikely alliance with the Goa Forward Party despite the then ruling party faced the voters’ wrath last year. The BJP formed the government even in Manipur despite the Congress emerging as the single largest party. In Meghalaya, the saffron party formed the government despite winning just two of the 60 assembly seats.
    Then finance minister, Arun Jaitley, who’s also a noted Supreme Court lawyer, had made a passionate defence explaining why the governor was right to invite the combination with the majority support than the single largest party.
    This is what he had written;

    The Congress Party complains a bit too much. It accused the Bharatiya Janata Party (BJP) of ‘stealing’ the mandate in Goa. It unsuccessfully petitioned before the Supreme Court. It attempted to raise issues in the Lok Sabha. What are the facts?

    The assembly elections in Goa produced an inconclusive verdict. There was a hung assembly. Obviously in a hung assembly post-poll alliances will be formed. The BJP managed to form an alliance and presented to the Governor 21 out of 40 MLAs.

    Although Jaitley is no longer a part of the government as he recuperates from his kidney transplant, the Congress would hope that the governor of Karnataka is guided by the arguments made by the former finance minister while deciding who to invite to form the government in the southern Indian state.

    Will Arun Jaitley’s passionate defence on Goa help Congress-JDS in Karnataka?
    JaiHind

    DisAgree Agree [8] Reply Report Abuse

  • SANJAY, Mangalore

    Wed, May 16 2018

    Good BJP is not in power in Karnataka, I just hated Yeddy otherwise no other issues.
    Kumarswamy as CM no issues because surely he will maintain law and order and not allow yeddys party to do goondagiri in Karnataka.

    DisAgree [1] Agree [23] Reply Report Abuse

  • Sameerampaul, Hejamadi

    Tue, May 15 2018

    When EVM system is applied, there should be a print out to put in a drop box to avoid any confusion and doubts. This should be counted in case any dispute after EVM output. One whole day for counting should accommodate this facility. Pramod Madhwaraj loosing may be not even believed by Raghupati Bhat.

    DisAgree Agree [14] Reply Report Abuse

  • RYA, Kudla

    Tue, May 15 2018

    Aren't the EVMs tampered....???
    Congress should go to Court instead of going with JDS...

    DisAgree [6] Agree [43] Reply Report Abuse

  • PenMightierThanTheSword!, Mangalore

    Tue, May 15 2018

    Breaking news: Amit Shah has reached out to Deve Gowda and offered him the PM post! :)

    DisAgree [6] Agree [46] Reply Report Abuse

  • Deva, Pilar

    Tue, May 15 2018

    Amit you are too late ...

    DisAgree Agree [7] Reply Report Abuse

  • Vin, Mlr

    Tue, May 15 2018

    Shameless party. After comprehensively losing the election by such big margin it should accept defeat. Rahul Ghandi giving all saint Tyra approach while party is indulging in back for entry to power. This is being compared with Goa where the margin for f victory is very small and also congress could even claim to form government. It may be good idea to let chor party to go withjfs and in 2019 people will teach bigger lessen and make congress mukth Bharat.

    DisAgree [61] Agree [13] Reply Report Abuse

  • Vincent, Mangalore

    Tue, May 15 2018

    Why Shameless ? wasnt BJP shameless in Goa and Manipur by making back door entries ? Congress was the single largest party in these states and shameless BJP went on to form Govts there. Now when the tables have turned you find others shameless ? just accept that this is Politics !

    DisAgree [4] Agree [21] Reply Report Abuse

  • prakash Dsouza, karla/london

    Wed, May 16 2018

    aap (in Goa, Manipur) kare to chamatkaar, hum (in Karnataka) kare to balatkaar. Hypocracy at its height.

    DisAgree [2] Agree [28] Reply Report Abuse

  • SB, Mlore

    Tue, May 15 2018

    What EVM tampering charges ?

    Dear Dongis
    Is it still Valid ,,?

    DisAgree [25] Agree [7] Reply Report Abuse

  • David Pais, Mangalore

    Tue, May 15 2018

    cong-rats from congress 2 bjp.

    DisAgree [12] Agree [9] Reply Report Abuse

  • Shashidhara Shetty, Kundapura / Bengaluru

    Tue, May 15 2018

    High Commissioner tooking right discussion. Yeddy no CM. I Halady supporter he is clean. But not Yeddy Reddy cheat fund. My prayer always change Yeddy. So it was.

    DisAgree [3] Agree [13] Reply Report Abuse

  • Kusuma G, Nellore

    Tue, May 15 2018

    most probable scenario, Congress and JDS forms the goverment. COngres splits JDS and rject kumaraswamy and make another coalition which will not last long Fresh elections in one year

    DisAgree [17] Agree [7] Reply Report Abuse

  • Monu, MANGALORE

    Tue, May 15 2018

    Keep dreaming.
    You forgot about Amit Shah

    DisAgree [4] Agree [8] Reply Report Abuse

  • RK Shetty / Dubai, Mangalore

    Tue, May 15 2018

    BJP supposes to get full majority but looks like corrupt khangress tampered EVM's .

    DisAgree [59] Agree [14] Reply Report Abuse

  • Deva, Pilar

    Tue, May 15 2018

    Remember on test they found all buttons were directed towards BJP not Congress....EVMS are controlled by BJP

    DisAgree [5] Agree [46] Reply Report Abuse

  • Bengalurian, Bengaluru

    Tue, May 15 2018

    I have a doubt that BJP will allow Congress to form govt., in Karnataka. There could be some understanding between them to keep corrupt people at bay. I also have a doubt that this same understanding played a role in BJP forming govt.,in Goa.

    DisAgree [3] Agree [23] Reply Report Abuse

  • KS Mayya, Mangalore/Bangalore

    Tue, May 15 2018

    You got it right. Even BJP does not want Yeddy. I for one am OK with a BJP Govt headed by anyone (HDK, Siddu or anyone) except arraont Yeddy.

    DisAgree [3] Agree [28] Reply Report Abuse

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Title : Hung assembly: Will what happened in Goa and Manipur repeat in Karnataka?


 
 
 
 

 
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