NEW DELHI: The Supreme Court today refused to accord an urgent hearing to a plea filed by Akhil Bharat Hindu Mahasabha (ABHM) challenging Governor Vajubhai Vala's decision to invite the Congress-JD (S) combine to form government in Karnataka.
The matter was mentioned before a bench comprising Justices A M Khanwilkar and Navin Sinha for urgent listing but the court refused the request and said the plea would be heard in the due course.
"You have mentioned it, but we have not accepted it. It will come up in due course," the bench told the counsel representing the outfit.
The matter was initially mentioned before the bench in the morning session by ABHM's counsel but another lawyer opposed it claiming it was a "proxy" petition and the petitioner was not the original outfit.
"You first decide who is the original one (outfit)," the bench told both the lawyers.
The matter was again mentioned at 2 PM when the counsel for the petitioner said they have filed a writ petition and the other lawyer cannot stop him from mentioning it for urgent listing.
"How can a writ petition be filed," the bench asked. Responding to the query, the petitioner's counsel said the ABHM was a political outfit and it was challenging the "illegal act" of the Karnataka Governor.
"This political part does not have any representation there," the bench observed. The counsel referred to the petition filed earlier in the apex court by the Congress-JD (S) combine challenging the Governor's decision to invite BJP leader B S Yeddyurappa to form government in the state, and said the top court had entertained the plea and also passed orders.
The ABHM, in its plea, has alleged that the post-poll alliance of Congress-JD (S) was a "fraud" on the electorate.
On May 19, the apex court had ordered live telecast of the crucial floor test in the Karnataka Assembly to ensure "transparency" and later that evening, Yeddyurappa had resigned as the Chief Minister without facing the trust vote on the floor of the House.
Following his resignation, the Congress-JD (S) combine headed by JD (S) leader H D Kumaraswamy was invited to form government.
Kumaraswamy is slated to take oath as Chief Minister tomorrow. Elections held on May 12 for 222 of the 224 seats had resulted in a hung assembly with the BJP getting 104 seats, the Congress winning 78 and JD(S) 37.
Polling in two seats will be held later. The Congress-JD(S) combine, a post-poll alliance, claimed the support of 117 MLAs, including one from the BSP, and two others.
The Hindu outfit, in the plea filed through lawyer Barun Kumar Sinha, has sought quashing of the Governor's decision to appoint Kumaraswamy as the chief minister.
The plea has sought a declaration that the post-poll Congress-JD (S) alliance is a "fraud on the electorate and violative of the Constitution whereby electorate have been misled and deceived by both political parties."
"Such fraudulent, opportunist, collusive, tactics between these two political parties have defrauded the electorate of the state of Karnataka which is against the basic structure of the Constitution of India," the plea has submitted.
The plea has claimed that the Governor was bound to consider the concept of popular government in a parliamentary democratic system and the "opportunistic post-poll coalition has to be disregarded by the Governor keeping in view the people's will".