India court allows Modi's BJP to form state govt despite lacking majority

Friday, 18 May, 2018

A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud asked Jethmalani to mention his plea on Friday before the bench concerned.

It all started around 8 pm on Wednesday, when top Congress leaders chose to seek legal recourse and challenge Karnataka Governor Vajubhai Vala's decision to invite the BJP to form the government in the state.

The opposition parties challenged the governor's actions and petitioned the Supreme Court to stay the swearing in ceremony. "Yeddyurappa's letter to the Governor will seal his fate".

The state is witnessing high voltage drama in politics after Karnataka governor Vajubhai Vala invited BJP to form the government on Wednesday night and prove their majority on the floor of the House in 15 days. Congress is ill informed and as a result is making these amusing claims, says Prakash Javadekar. The petition was heard by a three-judge bench of Justices A K Sikri, S A Bobde and Ashok Bhushan, which assembled at 2.10am.

Indian Prime Minister Narendra Modi's ruling Bharatiya Janata Party (BJP) is headed for a majority win in the Karnataka state elections on Tuesday. He also expressed confidence of winning the floor test.

The Governor appoints and swears in the Chief Minister, whose council of ministers are collectively responsible to the assembly.

Punjab Chief Minister Captain Amarinder Singh on Thursday said that democracy has been brazenly manipulated, mutilated and massacred in Karnataka.

Congress spokesman Randeep Singh Surjewala criticised the governor's decision, saying it "cannot sustain the scrutiny of the constitution or the test of law".

Slamming the Congress for questioning Governor Vajubhai Vala's decision to call BJP to form the government, he reminded that it was the grand old party which imposed Emergency and misused Article 356. This was only the third occasion in the top court's history when it had agreed to hear a matter past midnight, and the first instance when it had opened its doors to hear a matter related to government formation.

The Congress (78) and the JD (S) (38) had joined hands after the election and staked claim to form the government. Supreme Court can change interim order tomorrow after seeing documents. The court also observed that the general trend of its past judgments was not to issue injunctions or to restrain the governor.

The Attorney general will have to procure the documents from the Governor and produce them before the apex court on May 18 at 10.30 am.

"Its well-defined party structure, with clear authority lines and highly motivated members, sits in stark contrast to the Congress, which is still plagued by an inability to restructure and re-organize itself in a substantial manner under party president Rahul Gandhi", Rao said.

However, the crown on the newly sworn-in CM has not fitted properly.