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Even after SC refused freeze on Yeddyurappa oath, battle is on


New Delhi, May 17 (IANS): Amid high political drama, the Supreme Court early on Thursday didn't stop B S Yeddyurappa from taking oath as Karnataka's new Chief Minister but the legal battle for the BJP leader and his party is far from over.

After a rare midnight hearing that ran for hours, the court refused to stay the oath taking ceremony as was sought in a joint petition by the Congress and the Janata Dal-Secular (JD-S).

"In case he is given oath in the meantime, that shall be subject to further orders of this Court and final outcome of the writ petition (by the Congress and JD-S)," said the three-judge bench, recording the proceedings of the night in the packed Room No.6.

Presiding the proceedings were Justices A K Sikri, S A Bobde and Ashok Bhushan.

Yeddyruppa took oath as planned but on Friday at 10.30 a.m. when the apex court hears the matter again, he will have to produce the two letters dated May 15 and 16 he has written to Governor Vajubhai Vala to stake his claim for government formation.

The BJP leader is said to have claimed a majority support in the letters.

But the question is how?

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. Voting was not held in two of the 224 constituencies on May 12.

The BJP won 104, the Congress 78 and the JD-S 37. Any party or grouping needs 112 members to claim majority as per the present strength of the House. The Congress and JD-S didn't have a pre-poll alliance but cobbled together a grouping after the results threw a hung Assembly.

Together, and with a support of one BSP member and an independent, the Congress and JD-S make 117.

The Governor still invited Yeddyurappa and gave him 15 days of time to prove majority.

The Congress lashed out at the Governor's move calling it "partisan and biased" and rushed to the Supreme Court for an urgent hearing that commenced at 2.20 a.m. and concluded at 5.30 in the morning.

During the hearing, senior counsel Abhishek Manu Singhvi, appearing for the Congress, argued that the Governor must have invited the post-poll coalition to form government as no single party secured majority.

He questioned the 15-day time given to Yeddyurappa for proving majority, saying the Supreme Court had earlier said that "to give such time is to encourage the constitutional sin of poaching".

In his argument that ran for more than an hour, Singhvi also cited instances of Meghalaya, Manipur, Goa, Delhi, Jharkhand and Jammu and Kashmir as precedents of post-poll alliances being invited to form governments.

"There is only one way a party which got 104 will get 113... I heard he asked for seven days (time to prove majority) but the Governor gave 15. Elementary common sense and arithmetic go against this kind of giving of time," Singhvi said. "Question is whether it is valid, fair or capricious."

Attorney General K.K. Venugopal, appearing for the Centre, said everything was in the realm of "speculation" as the entire matter was still "a grey area".

Former Attorney General Mukul Rohatgi, who appeared for the BJP, questioned the urgency of the matter to hear it at midnight as if "heavens will fall if a person is sworn in the morning".

Justice Sikri asked him on what basis was his side claiming majority in the House. "It is not a fluid situation. In view of this arithmetic, on what basis you claim majority."

Venugopal intervened: "Everything is reversible. What is the great loss by waiting for 15 days?"

Justice Bobde countered: "That is the other point. Why wait for 15 days?"

Venugopal said it was the Governor's decision.

The court observed that it was "preposterous" to argue that before MLAs take oath they were not amenable to anti-defection law.

"It means open invitation to horse-trading. It is preposterous (to argue) that before he (an elected MLA) takes oath as member all this (floor crossing) is allowed," Justice Sikri told the Attorney General.

"In a case like this where the opposite side is showing 117 MLAs support, how you will have 112," Justice Sikri asked, adjourning the hearing till Friday morning. 

 


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Comment on this article

  • Rohan Pinto, Mangalore

    Fri, May 18 2018

    I dont have problem if he is CM , but let them give us good government , progress without corruption , maintain peace and harmony among all people rather than their Hindutva agenda
    Hope they don't repeat their 2008 same hatred policies as they did against Christians by attacking churches

    DisAgree [4] Agree [11] Reply Report Abuse

  • Deepak kumar, Indian

    Fri, May 18 2018

    Shame on BJP !!! Whole world is watching

    1) The open manipulation of the Indian law
    2) Corruption of Indian political parties by offering unbeliable bribe to the other party to gain seats.
    3) Threatening and blackmailing the other party candidates to chnage parties.

    Above all, its really shameful to find the Prime Minister of India providing support to this corruption and goondagiri.The Prime Minister who promised to get black money into India is nominating Chief Ministers like Yeddy and supporting the Reddy brothers who have looted the country by illegally mining the country .
    Mr Modi, will you ever question or investigate how could a former clerk gift 20 Crore worth gold to a goddess or how could anyone spend 500 crores on his daughters wedding ? Where did this money come from ? Are you listening Mr .Modi ?

    Only hope now for India is "prayer" . Pray that God's justice would come down and wipe out these corrupt people as they are disgrace to Human race.

    DisAgree [7] Agree [13] Reply Report Abuse

  • Thousif, Manglore,Bolar

    Fri, May 18 2018

    TeRa din katam yeddy Only enjoy for 15days ..

    DisAgree [3] Agree [5] Reply Report Abuse

  • RAVINDRA, KARKALA

    Thu, May 17 2018

    Who has the people’s mandate in Karnataka? The BJP, which has won 104 seats. Or Congress which dropped to 78 seats, whose own CM and Ministers lost by big margins. JD(S) who won only 37 seats and lost their deposits on several others. People are wise to realise.

    DisAgree [23] Agree [12] Reply Report Abuse

  • Rezy Online, Mlore MCT

    Thu, May 17 2018

    If so, then why this logic you use to think about Goa, Manipur, Meghalaya and Bihar. There BJP was not the single largest party.

    Wo kare tho balathkar.
    BJP kare tho chamatkar ?

    DisAgree [8] Agree [30] Reply Report Abuse

  • David Pais, Mangalore

    Thu, May 17 2018

    bjp has got majority. 104 seats. y then u need 15 days 2 prove majority in da floor of da house????????? show bjp's required strength of 112 @ da floor of da house & rule karnataka. y u r all making big nataka & drama.

    DisAgree [1] Agree [3] Reply Report Abuse

  • Jossey Saldanha, Mangalore

    Thu, May 17 2018

    New CM shortly 😁😁😁

    DisAgree [6] Agree [31] Reply Report Abuse

  • anthony, Mangalore

    Thu, May 17 2018

    With a combined vote share of 38 + 18= 56 % and 117 MLA's, The Congress JD'S Coalition should have been called to form the Govt The Governor has created instability and a vacuum in Karnataka and allowed the BJP 15 days to indulge in Horse Trading.

    DisAgree [5] Agree [21] Reply Report Abuse

  • Ahmed, Abu dhabi

    Thu, May 17 2018

    Aur ek baar aap ku chance meela hai loot ne kaa.Yeddi ji 15 deeno mein jithna chahiye uthna looto.koi bhi puchne waalaa nahi hai. Aap ki marzi.

    DisAgree [4] Agree [27] Reply Report Abuse

  • Dinesh, Udupi

    Thu, May 17 2018

    Those who voted for BJP are shameless people and they voted only considering Hindutwa and not the development. I remember the words spoken by Rtd. Justice M. Katju that 90% of the voters are stupid. Its hold good for today's Karnataka's mandate. This is merely murder of democracy and constitution.

    DisAgree [10] Agree [46] Reply Report Abuse

  • I LOVE MY INDIA, udupi

    Thu, May 17 2018

    See Yeddy's face...he looks like BALI KA BAKRAA.
    CM for only few days.

    DisAgree [6] Agree [33] Reply Report Abuse

  • ABD, LOS ANGELES

    Thu, May 17 2018

    CONGRESS DAKLENA AVASTE TUNAGA TELPODA ATH BULPODA GOTHAPUJI...HA HA HA

    DisAgree [32] Agree [11] Reply Report Abuse

  • Kevin, Mangalore

    Thu, May 17 2018

    One can't expect respect for constitutional norms from encounter specialists.

    DisAgree [3] Agree [5] Reply Report Abuse

  • vishwanath, Mangalore / Dubai

    Thu, May 17 2018

    Third place JDS asking for proving majority .then why not first place BJP too request to prove majority. Where is second place CONGRESS hiding . let them go the governor and request for proving majority.

    DisAgree [6] Agree [5] Reply Report Abuse

  • Ilyas, Udupi

    Thu, May 17 2018

    OK agreed. Let him prove majority tomorrow. If numbers r there will accept.

    DisAgree [1] Agree [13] Reply Report Abuse

  • JOSHWA, MANGALORE/SPAIN

    Thu, May 17 2018

    A LETTER OF JOSHWA TO ALL GREEDY POLITICIANS
    WHY GREED FOR POWER??? WE KNOW HISTORY WHAT HAPPENED IN PAST!!
    ALEXANDER THE GREAT LEFT HIS COUNTRY TO CONQUER THE WHOLE WORLD----- WHERE IS HE TODAY?
    ALL THE KINGS, SAMRATS, BE IT IN INDIA OR ANY WHERE IN THE WORLD
    THEY FOUGHT HOLDING AXES, MACHETS, TALWARS SWORDS, BY
    SAYING, THIS LAND IS MINE, THIS THRONE IS MINE, THIS EMPIRE IS MINE!!!
    ........WHERE ARE THEY TODAY????
    ENJOY WHAT GOD HAS GIVEN TO YOU!!
    LIFE ON EARTH IS SHORT...
    WORLDLY PLEASURE IS TEMPERORY.
    IF WE UNDERSTAND THIS WE WILL NEVER GO FOR THAT.

    DisAgree Agree [18] Reply Report Abuse

  • chris, Mangalore

    Fri, May 18 2018

    I totally agree what you told, But in today world no body belive that all want Power and Money

    DisAgree Agree [1] Reply Report Abuse

  • Charan, mangalore

    Thu, May 17 2018

    Just look at the shameless smiles. Number one corrupt is our CM ..imagine

    DisAgree [4] Agree [13] Reply Report Abuse

  • Deepak, mangaluru

    Thu, May 17 2018

    CM ayere yenchina ashe marre.....

    LALCHI for CM post....... shame........

    DisAgree [2] Agree [14] Reply Report Abuse

  • Chetan, Udupi

    Thu, May 17 2018

    Extremist Saffron Party is in a fix whether to let go Karnataka or lose Goa, Bihar, Manipur, etc. You will reap what you have sown.

    DisAgree [4] Agree [18] Reply Report Abuse

  • sri_elder, Karkala

    Thu, May 17 2018

    SC should not interfere..
    Dismiss the writ petition..

    If there is no number in the house then he will resign... That's all...

    DisAgree [64] Agree [25] Reply Report Abuse

  • Sumit Shanbhog, Manipal

    Thu, May 17 2018

    sri_elder,

    As your name suggest, be act like a elder, don't act like a child...

    You argument is like if there is a murder, police or court should not interfere. The culprit himself will walk to jail if he is guilty else he will live like an innocent.
    Grow up man....have some pakodas to awaken your rusted mind....

    DisAgree [4] Agree [19] Reply Report Abuse

  • Allen, Mangaluru

    Thu, May 17 2018

    Haha Joke of all seasons 😁

    DisAgree [3] Agree [11] Reply Report Abuse

  • Sheikh, Karkala

    Thu, May 17 2018

    Corrupt era begins

    DisAgree [14] Agree [78] Reply Report Abuse

  • RAVINDRA, KARKALA

    Thu, May 17 2018

    Rule by anti national supported Govt ends.

    DisAgree [5] Agree [7] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Thu, May 17 2018

    Our judiciary too seems to be working at the behest of Modi Government.

    DisAgree [13] Agree [76] Reply Report Abuse

  • Devkumar, Mangalore/New Delhi

    Thu, May 17 2018

    mere ge itaa gothu aaithu...eela naamade...obba sidda eeda nimmadu...guluk aadaru..

    DisAgree [28] Agree [13] Reply Report Abuse

  • Devkumar, Mangalore/New Delhi

    Thu, May 17 2018

    people of karnataka..is with yeddyji...see how they protected him...not even given room for breath freely...!!

    DisAgree [71] Agree [21] Reply Report Abuse

  • Sandesh Kanchan, Mangalore

    Thu, May 17 2018

    The guy looted Karnataka with his buddies Reddy & Sriramulu and you address him Ji???? Being a minority govt doesn't mean people of K'taka are with him, nor does it mean people are with Cong-JDS alliance!!! What is happening is shameless dance of dirty democracy on both sides, only BJP's looks dirtiest with Vala shamelessly siding with a minority govt and giving him huge amount of time to buy MLAs

    DisAgree [14] Agree [60] Reply Report Abuse

  • Devkumar, Mangalore/New Delhi

    Thu, May 17 2018

    walla i fully agree with your comment and also vala's prompt decision.

    DisAgree [13] Agree [3] Reply Report Abuse

  • Arthur Ronald Dsouza, BELMAN/ABU DHABI

    Thu, May 17 2018

    Wait for few days RAM JETMANI will make him to run from CM POST.

    DisAgree [6] Agree [20] Reply Report Abuse

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