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

#Breaking: Supreme Court directs production of letter written by BS Yeddyurappa @BSYBJP on May 15, May 16 to Governor;

No stay on swearing-in. However, the same will be subject to outcome of case.

Notice issued to respondents. Matter to be taken up at 10.30 am on Friday.

— Bar & Bench (@barandbench) May 17, 2018

"If a one person party is made Chief Minister by Governor, then that Chief Minister can be injuncted by the Court from functioning", Justice SA Bobde.

— Bar & Bench (@barandbench) May 16, 2018

"Governor has immunity. You cannot call him or issue notice to him. But his actions can be subject to judicial review. I am challenging his decision though he cannot be made liable for the same", Abhishek Manu Singhvi.

— Bar & Bench (@barandbench) May 16, 2018

Venugopal says defection law will not apply before taking of oath.

Bench does not agree.

"That is preposterous", says AK Sikri J.

— Bar & Bench (@barandbench) May 16, 2018

"This was not a case which should have been heard now. In Yakub Memon's case the man was going to be hanged at 6 am. There is nothing like that here", Mukul Rohatgi.

— Bar & Bench (@barandbench) May 16, 2018

"Secondly, @INCIndia never staked a claim to form government in Goa. If you dont stake a claim then how will it help you", Mukul Rohatgi.

— Bar & Bench (@barandbench) May 16, 2018

Singhvi says defer swearing-in till 4.30 pm.

"If Yeddyurappa comes with the records/letter and the Court finds there is no merit in my case, I am out.

Else I am in.

But once he is sworn in then the whole thing will have to be reversed", says Singhvi.

— Bar & Bench (@barandbench) May 16, 2018

Supreme Court did not dismiss the petition filed by Congress and JD(S), said, "this petition is a subject of hearing later on". SC also issued a notice to respondents including BJP's BS Yeddyurappa, asking to file a reply pic.twitter.com/2fBrUDSRDm

— ANI (@ANI) May 16, 2018

The three-judge bench of Supreme Court refuses to stay swearing-in ceremony of BJP's BS Yeddyurappa as Karnataka Chief Minister #KarnatakaElectionspic.twitter.com/qHwlSprFhk

— ANI (@ANI) May 16, 2018

Rohatgi arguing on Governor's immunity.

"It happened in Nabam Rabia's case", says Rohatgi referring to how SC had issued notice to Governor and then recalled it.

— Bar & Bench (@barandbench) May 16, 2018

Mukul Rohatgi argued: I am not asking for adjourning the petition but asking you to dismiss the petition. Governor can't be restrained from performing his constitutional function by an interim order.

— kanusarda (@sardakanu_TNIE) May 16, 2018

It's Governor's job to invite to oath. The President and Governor are not answerable to any court. The court should not stop a constitutional functionary in functioning of his official duties: Mukul Rohatgi, BJP's lawyer #KarnatakaElections

— ANI (@ANI) May 16, 2018

AG says swearing in of one is not an irreversible decision. It can be reviewed by SC later. This led SC to ask AG as to why 15 days time given by Governor to prove majority

— kanusarda (@sardakanu_TNIE) May 16, 2018

"In a case like this where the opposite side is showing 117 MLAs support, how will you have 112 MLAs support?," Justice AK Sikri asks AG KK Venugopal, while hearing the petition filed by Congress & JD(S) challenging Karnataka Governor's decision #KarnatakaElections

— ANI (@ANI) May 16, 2018

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 related to hanging of Yakub Memon: Mukul Rohatgi, BJP's lawyer tells court in hearing of plea filed by Cong & JD(S) challenging Karnataka Governor's decision

— ANI (@ANI) May 16, 2018

AG Venugopal begins his arguments and says SC can never step into examining Governor's zone of satisfaction of a party providing stable government in the state

— kanusarda (@sardakanu_TNIE) May 16, 2018

Justice SA Bobde said, "we do not know what kind of majority BS Yeddyurappa has claimed. Unless we see that letter of support, we cannot speculate", while hearing the petition filed by Congress & JD(S) challenging Karnataka Governor's decision #KarnatakaElections

— ANI (@ANI) May 16, 2018

#MidnightHearing Abhishek Singhvi concludes arguments, asks for swearing-in to be deferred and says, "You are not restraining the Governor. You’re restraining the person hoping to be sworn in." #KarnatakaCMRace

— The New Indian Express (@NewIndianXpress) May 16, 2018

"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.

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.

#KarnatakaCMRace Abhishek Manu Singhvi argues as per the Sarkaria Commission Guidelines, largest party or group of parties should be first to be invited by Governor but in Karnataka this did not happen. #KarnatakaVerdict #MidnightHearing pic.twitter.com/n8Ljf74uBy

— The New Indian Express (@NewIndianXpress) May 16, 2018

#MidnightHearing There is no vacuum of Government, the outgoing govt is still in place till a new govt takes place, there are Precedent SC has stayed the governor's decision: Abhishek Singhvi tells the court. #KarnatakaCMRace

— The New Indian Express (@NewIndianXpress) May 16, 2018

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.

#MidnightHearing Bench questions what the norm is in such cases; Abhishek Singhvi says BJP may be the single largest but it does not have majority support. Also asks for letter given by BS Yeddyurappa to governor which Singhvi denied to have in possession. #KarnatakaCMRace

— The New Indian Express (@NewIndianXpress) May 16, 2018

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

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 govt to someone who is having 104 seats as compared to the other group that is having 116, is adding insult to injury: Abhishek Manu Singhvi

— ANI (@ANI) May 16, 2018

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

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

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.

Irrespective of merits, very gracious of SC to fix hearing at 145 pm at ct no 2. Shows justice never sleeps & accessibility is 24x7, where merits so demand. Which apex court in world allows such accessibility?

— Abhishek Singhvi (@DrAMSinghvi) May 16, 2018

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

Guv has discretion to call largest party & he has done so. If single largest party won't be able to form govt,other party will be called. In case of Goa elections,single largest party Congress had not presented its side, that's the difference: Mukul Rohatgi #KarnatakaElection pic.twitter.com/jNd4iqksjN

— ANI (@ANI) May 16, 2018

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.

#WATCH Constitutional expert Subhash Kashyap says, "Governor's decision can't be challenged. As far as the question of which party has the majority is concerned, it can be proven only on the floor of the house, not at the Raj Bhavan or by submitting any list" #KarnatakaElections pic.twitter.com/lw87hvGSBG

— ANI (@ANI) May 16, 2018

Supreme Court Registrar arrives at the residence of Chief Justice of India Dipak Misra, with the petition filed by Congress and JD(S) over swearing-in of BS Yeddyurappa as #Karnataka Chief Minister tomorrow pic.twitter.com/QRIVkLknB2

— ANI (@ANI) May 16, 2018

"Definitely, we have. You will see it," said Union Minister Prakash Javadekar on being asked if BJP has the number of MLAs to prove majority. He has arrived at the residence of BS Yeddyurappa #KarnatakaElections2018 pic.twitter.com/42YxNyHiu3

— ANI (@ANI) May 16, 2018

BJP has 104 seats,how will they prove majority on floor, even if they get some independent MLAs?Only way out is to bring Cong & JD(S) MLAs with them,either by using muscle power or buying MLAs. We have filed a petition urging Guv to give us a chance:Javed, lawyer,JD(S) & Congress pic.twitter.com/I4VXnlDkx4

— ANI (@ANI) May 16, 2018

JD(S)' HD Kumaraswamy arrives at Eagleton Resort in #Bengaluru where Congress and JD(S) MLAs are staying #KarnatakaElections pic.twitter.com/G0EZJFuwUZ

— ANI (@ANI) May 16, 2018

Sorry, we had got the time wrong in our earlier tweet. And yes, we know it's tough for you & your ilk to swallow this, but the swearing in ceremony is 30 mins earlier.

And please give your lecture on saving democracy to those who are trying to subvert the people's mandate. https://t.co/ZkVelNlaUe

— BJP Karnataka (@BJP4Karnataka) May 16, 2018

We will use all legal & constitutional rights available to us. Hum janta ki adaalat mein jaayenge: Randeep Surjewala, Congress in Delhi on #Karnataka Governor inviting BJP to form govt pic.twitter.com/VbUavA6oxr

— ANI (@ANI) May 16, 2018

By giving 15 days time (to prove majority) Governor is encouraging horse-trading by BJP leaders, this is unconstitutional. We will discuss the future plan: HD Kumarasway, JD(S) on Karnataka Governor's invite to BJP to form government #KarnatakaElectionResults2018 pic.twitter.com/QjpPQdc34x

— ANI (@ANI) May 16, 2018

We want to ask Amit Shah ji that if two parties cannot come together in post poll coalition, then how did you form govts in Goa & Manipur by superseding single largest party? Guv has shamed his office: Randeep Surjewala, Cong in Delhi on #Karnataka Guv inviting BJP to form govt pic.twitter.com/qUCcM5gJex

— ANI (@ANI) May 16, 2018

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.

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

Karnataka Governor's letter inviting BJP's BS Yeddyurappa to form government. #KarnatakaElectionResults2018 pic.twitter.com/EafBULC7nr

— ANI (@ANI) May 16, 2018

"No such communication sent from Raj Bhavan so far," confirms Governor's office over news of @BSYBJP taking oath as CM on Thursday. @PMuralidharRao will address the media about the issue at 9.30 PM. Tweet by @BJP4Karnataka announcing swearing-in deleted

— Anusha Ravi (@anusharavi10) May 16, 2018

If the Governor invites anyone but Mr. Kumaraswamy (to form government in #Karnataka) he is supporting & encouraging poaching (of MLAs): P.Chidambaram in Delhi on #KarnatakaElections

— ANI (@ANI) May 16, 2018

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

#Karnataka Congress MLAs reached eagleton resort at Bidadi #ResortPolitics @NewIndianXpress

— Ashwini M Sripad (@AshwiniMS_TNIE) May 16, 2018

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

Governor holds an exalted constitutional office, he shouldn't walk on a perilous path which is illegal,he's bound by SC judgement,bound to invite leader of alliance which is presented to him as an alliance that commands maturity of members in legislative assembly: P Chidambaram pic.twitter.com/wQucJStzWW

— ANI (@ANI) May 16, 2018

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)

Congress & JD(S) clearly establish majority yet Governor hasn't taken decision to invite Shri Kumaraswamy to form govt. We heard Guv may have invited BS Yeddyurappa but since it is not confirmed we are proceeding on basis that Guv has not decided to invite anyone: P Chidambaram pic.twitter.com/YwZzdbh7gD

— ANI (@ANI) May 16, 2018

.@BSYBJP will take oath as @CMofKarnataka tomorrow morning, says @BJP4Karnataka MLA Suresh Kumar. Party claims that Governor has invited 'D single largest party' to form govt. #KarnatakaElections2018 @NewIndianXpress https://t.co/rvjiSicqoP

— Anusha Ravi (@anusharavi10) May 16, 2018

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

Bengaluru: Congress MLAs leave from Karnataka Pradesh Congress Committee (KPCC) office #KarnatakaElectionResults2018 pic.twitter.com/rd38Ypklrx

— ANI (@ANI) May 16, 2018

He thinks he is the boss of the party, the party has suffered because of his arrogant behaviour. He is not a true Congressman. Many people have this view of him but don't express it: K. B. Koliwad,Outgoing Karnataka Assembly Speaker and Congress leader on Siddaramaiah pic.twitter.com/MLGVY7t7Lv

— ANI (@ANI) May 16, 2018

BJP has 104, Congress-JDS may have majority to form the govt, politics in the state has become dirty. The way power is being misused to put pressure on MLAs, use of ED, I-T &other agencies&allegations of Rs 100 Cr, all this has become a face of our democracy globally: Sanjay Raut pic.twitter.com/A5WNCIiJ6C

— ANI (@ANI) May 16, 2018

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.'

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

Governor has assured that he will take action as per the Constitution. We have full faith in him that he will not do injustice. We have our numbers, not not even a single member has moved out. We will not allow any such thing to happen: DK Shivakumar, Congress #Karnataka pic.twitter.com/FjZVV8uFTc

— ANI (@ANI) May 16, 2018

We have submitted the necessary documents which show that we have the numbers required to form the government. He (Governor of Karnataka) promised he will consider according to the Constitution: HD Kumaraswamy after meeting Karnataka Governor #Karnataka pic.twitter.com/jLzTl4JF0W

— ANI (@ANI) May 16, 2018

JDS workers protest against BJP outside Governor house in Bengaluru #KarnatakaElections2018 pic.twitter.com/w0lWO0dmTd

— ANI (@ANI) May 16, 2018

Bengaluru: HD Kumaraswamy leads delegation to Raj Bhawan to meet Governor Vajubhai Vala pic.twitter.com/V37JgYIG6I

— ANI (@ANI) May 16, 2018

Bengaluru: Congress MLAs to leave for Raj Bhavan from Karnataka Pradesh Congress Committee (KPCC) office. #KarnatakaElectionResults2018 pic.twitter.com/QGlO8JvOfB

— ANI (@ANI) May 16, 2018

Sources from @INCKarnataka say they have signatures of about 65 MLAs so far extending support to JD(S) to form the government. Leaders hope for more signatures by end of day. Leaders of both parties to meet Governor at 5 PM #KarnatakaElection2018 @NewIndianXpress

— Anusha Ravi (@anusharavi10) May 16, 2018

BJP's Ananth Kumar, Dharmendra Pradhan, JP Nadda and Muralidhar Rao after meeting BS Yedyurappa at his residence in #Bengaluru. #KarnatakaElections2018 pic.twitter.com/98wn0kKgys

— ANI (@ANI) May 16, 2018

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

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

Since 12-12.30 pm we are seeking appointment with Governor so they can handover our two letters, 1 of legislator party of Congress another of legislator party of JD(S). We haven't received any message from Governor so far. We are waiting eagerly: Ghulma Nabi Azad, Congress pic.twitter.com/5V05wcqtfQ

— ANI (@ANI) May 16, 2018

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.

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.

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.

All the MLAs are intact. Some of the MLAs came late because they came in a special flight from Bidar: G Parameshwara, Congress on 12 Congress MLAs not present in the legislative meeting at Karnataka Party Congress Committee office in Bengaluru #KarnatakaElections2018 pic.twitter.com/yxq3jsWHfx

— ANI (@ANI) May 16, 2018

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).

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

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.

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.

JD(S) MLAs are being offered Rs 100 crore each. Where is this black money coming from? They are supposedly the servers of poor people and they are offering money today. Where are the income tax officials?: HD Kumaraswamy, JD(S) #KarnatakaElections2018 pic.twitter.com/d157SS30E5

— ANI (@ANI) May 16, 2018

The party has chosen me. I have given the letter to the Governor & he will call me, that is what I am hoping. He told me that he will take an appropriate decision. I'll inform you after I receive letter from Governor: BS Yeddyurappa, BJP after meeting the Guv #KarnatakaElection pic.twitter.com/LJBjRrZ3OR

— ANI (@ANI) May 16, 2018

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

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)

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.

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.

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.

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