Fight for Karnataka | Supreme Court bench refuses to defer BS Yeddyurappa's swearing-in, pushes Congress-JD(S) petition matter to May 18

With Karnataka Governor Vajubhai Vala inviting BJP to form the government, BS Yeddyurappa will take oath as the state's 23rd Chief Minister on Thursday, 17 May 2018.

Published: 16th May 2018 12:01 PM  |   Last Updated: 17th May 2018 11:00 AM   |  A+A-

The Supreme Court of India (ANI Twitter Photo)

By Online Desk

The Karnataka power tussle turned into a midnight courtroom battle in the capital as the Supreme Court heard a petition by the Congress-JD(S) combine challenging Governor Vajubhai Vala's decision to invite BJP's B S Yeddyurappa to form the government. The Congress termed the move to form a BJP government in Karnataka as "illegal and against the law and Constitution".

CJI Dipak Misra agreed to a midnight hearing as the Congress-JD(S) said Yeddyurappa's swearing in as the state's 23rd Chief Minister was taking place as early as 9 AM today and there was very little time left for it. Lawyers Abhishek Manu Singhvi, Tushar Mehta, Mukul Rohatgi argued for the Congress-JD(S), the union government and the BJP, respectively.

The three-judge SC bench pushed the matter to 10:30 am on Friday after a three-and-a-half hour pre-dawn hearing. It refused to stay BSY's oath-taking and directed him to produce the letter written to the Governor on May 15 where he staked his claim to form government. The petition will be taken up for later hearing and it shall depend on the outcome of the case, it said.

The petition by Congress-JD(S) contended that despite presenting the list of 116 MLAs, governor Vala has invited the BJP which has 104 MLAs to form the government and has given relatively longer time of 15 days to prove the majority on the floor of the House, alleging that it will promote horse trading and poaching of their MLAs. [Read full report HERE]

05:46 May 17

SC to BSY: Submit letter written to the Governor on May 15 where you staked claim to form government; pushes matter to 10:30 am, May 18.

05:03 May 17

SC Justice SA Bobde speaks

05:00 May 17

Singhvi responds to Rohatgi's submissions on Governor's immunity

04:58 May 17
04:53 May 17

Mukul Rohatgi begins responding to Abhishek Manu Singhvi's submissions

04:47 May 17

Abhishek Manu Singhvi objects, arguments continue

04:36 May 17
04:35 May 17

SC refuses to defer swearing-in; says outcome will depend on final hearing of petition

04:32 May 17
04:16 May 17
04:16 May 17

BJP's counsel Mukul Rohatgi argues.

03:54 May 17

This petition should not have been filed. Congress & JD(S) should have waited for the floor test to be conducted: Centre's lawyer Attorney General KK Venugopa

03:51 May 17

If Congress-JD(S) outweigh BJP in number, how they are claiming majority: SC

03:47 May 17
03:43 May 17

Attorney-General KK Venugopal begins arguing

03:36 May 17

SC asks Singhvi to wrap up as he had spoken for over an hour

03:32 May 17

Singhvi wants oath-taking ceremony to be deferred to day-after tomorrow

03:27 May 17

SC bench demands Singhvi to show letter given by Governor inviting BJP to form mandate

"Where is the letter of the Governor in which he invited BJP to form the government? You want us to scrutinise discretion of Governor but you don't have letter given to him which found basis for inviting BJP," three-judge bench asks petitioner's lawyer Abhishek Manu Singhvi.

03:16 May 17
Meanwhile, Senior advocate Mukul Rohatgi, representing BJP and B S Yeddyurappa, says no injunction can be issued to Governor.
03:16 May 17

Singhvi questions time given to prove majority in floor test

It is the biggest license to poaching if Governor gives 15 days to BJP to prove majority; in earlier such cases 48 hours were given by SC: Abhishek Manu Singhvi at Supreme Court hearing
03:13 May 17

After a midnight hearing in 1993 Mumbai serial blasts case involving Yakub Memon's hanging, this is only the second time that the Supreme Court is hearing a midnight plea.

03:11 May 17
02:54 May 17

Abhishek Singhvi shares instances where single largest party didn’t make the government - Goa, Manipur, Meghalaya and Delhi.

Abhishek Singhvi also argues when SC had earlier in other cases of Jharkhand, Goa and UP Jagadambika Pal case had given less than a week to incumbent to prove majority, why 15 days for Karnataka.
02:45 May 17

Congress was deprived to form government in Goa despite being single largest party, Supreme Court had upheld government formation by BJP: Abhishek Manu Singhvi to SC.

02:43 May 17

Former Attorney-General Mukul Rohatgi at the Supreme court in New Delhi on Wednesday night. (Express photo by Shekhar Yadav)
02:42 May 17


Senior Congress leader and Lawyer Abhishek Manu Singhvi at the Supreme court in New Delhi on Wednesday night. (Express photo by Shekhar Yadav)

02:36 May 17

Abhishek Manu Singhvi dubs Governor's decision as 'completely unconstituitional'

02:30 May 17

Full house at pre-dawn hearing

Attorney General K K Venugopal arrives at SC for hearing; ASG Maninder Singh joins the team of lawyers for Centre.

02:24 May 17
The apex court may pass an order declaring the order of Governor Vajubhai Vala inviting BS Yeddyurappa to form government as unconstitutional and quash the same or the apex court may pass direction to the Governor to invite alliance of INC & JD(S) which has support of more than 112 MLAs to form government: Congress & JD(S) in their plea to the Supreme Court.
02:23 May 17

Manu Singhvi (counsel for Congress-JD(S)): 112 is majority, we are at 117.

02:00 May 17

Abhishek Singhvi for Congress-JDS; Tushar Mehta for government; Mukul Rohatgi for BJP

Abhishek Manu Singhvi to argue for Congress & JD(S), Additional Solicitor General (ASG) Tushar Mehta for Union government and former Attorney General Mukul Rohatgi to represent BJP.

01:58 May 17

Former Attorney-General Mukul Rohatgi defends Governor's decision.

01:46 May 17

Hearing of Congress-JD(S)' plea to begin

A three-judge Supreme Court bench comprising Justice AK Sikri, Justice Ashok Bhushan and Justice SA Bobde to shortly hear the Congress-JD(S) combine's petition challenging Karnataka Governor Vajubhai Vala's decision to invite the BJP to form government.

01:12 May 17
CJI Dipak Misra agrees for urgent midnight hearing; will listen to Congress-JD(S)'s plea at 1.45 am at Court No. 2.
12:37 May 17
12:36 May 17
12:17 May 17
12:16 May 17
11:39 May 16
10:53 May 16

Congress approaches CJI for urgent hearing on Karnataka issue

The Congress has approached Supreme Court Chief Justice Dipak Misra for an urgent hearing over Karnataka Governor Vajubhai Vala inviting BJP legislative party leader BS Yeddyurappa to form goverment. Congress leader Abhishek Singhvi is the leading his party's challenge.
10:35 May 16

BJP Karnataka tweets again; says got the time wrong in previous tweet

10:34 May 16
10:31 May 16
10:27 May 16

Governor has shamed his office: Congress

10:27 May 16

The party that blew up the constitution to shambles is teaching us the constitution, the party that imposed President rule the most number of times is giving us lessons: Union Minister Ravi Shankar Prasad.

10:24 May 16

Tomorrow BS Yeddyurappa will be taking oath (as CM of Karnataka) alone, after proving majority cabinet will be sworn in: Murlidhar Rao, BJP.

09:38 May 16

Governor invites BJP's BS Yeddyurappa to form government

09:21 May 16

No such communication sent from Raj Bhavan so far: Governor's office dismisses BSY taking oath as Karnataka CM tomorrow

09:14 May 16
09:10 May 16

A tweet by Suresh Kumar who wrote in Kannada, "B S Yeddyurappa will take oath as chief minister at 9.30 am at Raj Bhavan tomorrow. Let us all gather on this happy occasion." The Karnataka BJP also tweeted about it but both the posts were apparently deleted later.

READ | Reports of BS Yeddyurappa to take oath tomorrow 'shocking' if true

09:00 May 16

Congress MLAs reached eagleton resort at Bidadi.

08:54 May 16

BREAKING : BJP tweet claiming BS Yeddyurappa to swear in as Chief Minister of Karnataka is now deleted.

08:51 May 16

Governor shouldn't walk on a perilous path which is illegal: P Chidamabaram

08:47 May 16

Where are you taking this country, one wonders ? Someone was offered Rs 3 Crore, someone Rs 5 Crore and someone Rs 100 Crore, anybody walking on the road has a price?: HD Kumaraswamy, JD (S)Kumaraswamy

08:37 May 16
08:21 May 16
07:57 May 16

Hotel or wherever we go, MLAs will stay together and discuss things. Congress is compelled to keep its MLAs together because of the horse-trading going on: Ashok Gehlot at KPCC, Bengaluru

07:56 May 16
07:03 May 16
06:53 May 16
06:32 May 16

BJP MPs Shobha Karandlaje, GM Siddeshwara and PC Mohan write to Home minister Rajnath Singh stating, 'we have every reason to believe that Karnataka govt is misusing its power and tapping our mobile phones. This is clear violation of our fundamental right to privacy.'

06:12 May 16

The allegations that Siddaramaiah made on PM Modi that that latter has allowed 'horse trading' in Karnataka is condemnable, false, irresponsible and baseless: Union Minister Ravi Shankar Prasad

06:06 May 16
05:52 May 16

Kumaraswamy addresses media after meeting Governor

05:19 May 16

Protests break out outside Karnataka Raj Bhavan

05:14 May 16
04:37 May 16

Congress MLAs on their way to meet Karnataka Governor

04:09 May 16
03:59 May 16
03:59 May 16

JD(S) and Congress to meet Karnataka Governor Vajubhai Vala at 5 pm.

03:27 May 16

If Congress-JD(S) are not invited by the Governor then the MLAs will sit on a 'dharna' outside Raj Bhawan from tomorrow. MPs may also join them: Sources

03:26 May 16
03:26 May 16

Stealing of MLAs shouldn't be allowed. No Guv can go against Constitution. We can't tell you whom we'll approach & whom not. At this juncture we've complete faith in Guv that he'll go by Constitution & not party politics: Ghulam Nabi Azad on if Congress will go for a legal option.

02:47 May 16

Congress and JD(S) take signatures of party MLAs in support of their Chief Ministerial nominee HD Kumaraswamy. The document will be submitted to the Governor later today.

02:45 May 16

No question of asking for anything (on reports that he wants to be Deputy CM). Our priority right now is to have a secular government. All the 78 MLAs are together: DK Shivkumar, Congress.

02:32 May 16

Congress MLAs are intact: Parameshwara

02:31 May 16

BJP refutes Rs 100 crore offer as baseless charge

BJP Karnataka in-charge Prakash Javadekar refutes H D Kumarasamy's charge that BJP is offering Rs 100 crore to JD(S) MLAs. Says the figure is imaginary. Javadekar also says that even Congress MLAs are not happy with the alliance with JD(S).

01:35 May 16

 According to media reports, Congress-JD(S) combine likely to move SC if not invited first by governor.

01:12 May 16

Kumaraswamy refutes meeting Javadekar

The JD(S) leader rejects reports that he met the BJP Karnataka in-charge Prakash Javadekar; says no BJP leader has met him till now.

12:52 May 16

JD(S) leader Kumaraswamy while confirming alliance with Congress says that this is a chance to remove the black spot on his father's career after his decision to ally with BJP in 2004-2005.

12:47 May 16

Kumaraswamy alleges BJP offering Rs 100 crore to JD(S) MLAs

12:43 May 16
12:42 May 16

Yeddyurappa elected as BJP legislative party leader

Newly elected Karnataka BJP legislators have formally elected B.S. Yeddyurappa as the legislative party leader. 

12:38 May 16

Largest party should be called to form govt: Ex- Attorney General

Former Attorney General Mukul Rohatgi says governor is obliged to call the single largest party to form government. If BJP refuses, then he can call the 2nd party and give time to prove majority. (ANI)

12:29 May 16

HD Kumaraswamy elected JD(S) legislative party leader

Kumaraswamy was elected legislative party leader in a meeting of JD(S) legislators at a hotel in Bengaluru. MLAs Raja Venkatappa Nayaka and Venkata Rao Nadagouda were missing from the meeting.

12:22 May 16

Congress leader D K Shivakumar says that there is a plan to safeguard their MLAs. According TV reports, Congress has booked 100 rooms in Eagleston resort owned by Shivakumar.

12:17 May 16

Congress alleges poaching

Congress leaders allege that the BJP is trying to poach their members. Congress MLA  Amaregouda Bayyapur says he got a call from BJP promising to make him minister.

12:14 May 16

Drama continues in the Karnataka political scenario as both the BJP and the JD(S)-Congress combine have staked claim to form government.


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  • Raj Prakash

    Con-gress should prove majority in the Assembly. Janata Dal (S) MLA's in Karnataka have been kidnapped and confined for ransom. Kindly lodge an FIR with police to save them all and inform EC and High Court. Freedom to meet family for discussions
    4 years ago reply
  • Rajendra

    If only this urgency shown in forming government was shown in developing our nation ...
    4 years ago reply
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