The Supreme Court today refused to stay BJP leader B S Yeddyurappa's swearing-in as Karnataka chief minister after a rare post-midnight courtroom battle unfolded dramatically over the Congress-JD(S) combine's legal push to stall the government formation.
After a nearly three-and-a-half-hour hearing beginning 2:11 AM, a three-judge apex court bench also made it clear that the swearing-in and the government formation would be subject to the final outcome of the case before it.
The order came hours before the swearing-in ceremony in Bengaluru, where 75-year-old Yeddyurappa is slated to become chief minister of the state for the second time, even as the Congress-JD(S) combine has been claiming a majority with support of 117 MLAs, against BJP's 104.
The bench, comprising justices A K Sikri, S A Bobde and Ashok Bhushan, posted the matter for further hearing tomorrow morning and ordered placing before it the letter of support from MLAs presented by the BJP to Karnataka Governor Vajubhai Vala while staking claim to form the government.
The bench said it will peruse the letter as it was necessary to decide the matter. It also issued notices to the Karnataka government and Yeddyurappa.
"As far as swearing-in is concerned, we are not restraining it, but we are making it subject to the outcome of the case," the bench said.
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Just before the bench was to dictate the order, Congress leader and senior advocate Abhishek Singhvi pleaded with the bench not to dictate the final order and sought to argue the matter further.
He said the BJP has 104 MLAs and the governor invited Yeddyurappa to form the government in an "unconstitutional manner".
In his submission, Singhvi said the swearing-in could be extended from 9.30 AM to 4.30 PM on Thursday and the BJP should be asked to produce the letter of support from
With Singhvi arguing that the Constitution gives immunity to the governor only for discharge of duties, the bench asked whether he wanted the court to scrutinise discretion of