Supreme Court has refused to stay swearing-in ceremony of BJP's B.S. Yeddyurappa as the Karnataka Chief Minister after Congress filed a last-minute petition in the apex court challenging the same.
The three-judge bench of Justice A.K. Sikri, Justice Ashok Bhushan and Justice SA Bobde, however, did not dismiss the petition filed by Congress and JD(S) and said: "This petition is a subject of hearing later on".
The hearing will now take place on Friday at 10:30 am.
Late last night, Congress and JD(S) challenged Karnataka Governor Vajubhai R. Vala's decision to invite BJP to form the government even as the saffron party, with 105 MLAs, including one Independent MLA, is seven short of the halfway mark of 112.
Former Attorney General Mukul Rohatgi, appeared for Bharatiya Janata Party (BJP), Additional Solicitor General (ASG) Tushar Mehta for the Union government, and Abhishek Manu Singhvi for the Congress-JD(S) alliance.
While contesting the case in court, Singhvi tagged the Karnataka Governor's decision as "completely unconstitutional."
"It's unheard that a party is given 15 days time to prove its majority from 104 to the magical number (112). Giving permission to form the government to someone who is having 104 seats as compared to the other group (Congress-JD(S)) that is having 116, is adding insult to injury," he said.
He even offered that the "swearing-in ceremony can be held day after tomorrow (on Friday)."
However, Rohatgi, while urging the judges to dismiss the petition, said, "They want an injunction to stop discharging function of one of the highest constitutional functionary."
He even said the matter should not have been heard in the court at midnight.
"The matter shouldn't be heard in the night. Heavens won't fall if someone is sworn in. Last time SC heard in night, the case [was] related to hanging of Yakub Memon (convict of 1993 Mumbai bombings case)," Rohatgi said.
Congress and JD(S) are opposing Karnataka Governor's decision as they are contending that despite their alliance having 115 MLAs, they have not been invited by Vala to form the government, whereas the BJP, which has emerged as the single largest party with 104 seats, has been asked to form the government and given 15 days to prove its majority in the state assembly.
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