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The BJP party's chief ministerial candidate for Karnataka, BS Yeddyurappa was sworn in as the new Karnataka Chief Minister on Thursday, giving the party 15 days to prove its majority since the BJP had only 104 seats.
Bengaluru: BJP's BS Yeddyurappa sworn-in as Chief Minister of Karnataka pic.twitter.com/TrkgFYNoPC— ANI (@ANI) May 17, 2018
The swearing-in took place despite an attempt at intervention by the Congress-JD(S) alliance that reached out to the Supreme Court on Wednesday midnight against Karnataka Governor Vajubhai Vala inviting the BJP to form the government in Karnataka.
The alliance claimed that with a total of 117 seats, more than the majority requirement of 113, the Congress-JD(S) should be invited to form government in Karnataka.
During the hearing, which took place from 2:20 AM to 5:30 AM, senior counsel Abhishek Manu Singhvi appeared for the Congress in front of a three-member bench of Justices A.K. Sikri, S.A. Bobde and Ashok Bhushan.
"The BJP has only 104 MLAs, the Governor invited Yeddyurappa to form government in an unconstitutional manner," said Singhvi, citing examples of Goa and Manipur, where Congress emerged as the single largest party, but lost to post-poll alliances.
"There is only one way a party which got 104 will get 113... I heard he asked for seven days, but the Governor gave 15 days. Elementary common sense and arithmetic against this kind of giving of time. It is biggest license to poaching if Governor gives 15 days to the BJP to prove majority," he said.
"If President's rule under Article 356 can be stayed by a court, why not this (decision to invite BJP and give 15 days for floor test) in which a Governor has exercised his discretion without the aid and advice of the Cabinet?" Singhvi questioned.
The bench ordered the continuation of the case on Friday morning, stating that the swearing-in of Yeddyurappa was not irreversible.
"This Court is not passing any order staying the oath taking ceremony of B S Yeddyurappa. In case, he is given oath in the meantime, that shall be subject to further orders of this court and final outcome of the writ petition," the bench said.