In a dramatic late night development, a three-judge bench of the Supreme Court is hearing the petition filed by the Congress and the JD(S) challenging Karnataka Governor Vajubhai Vala’s decision to invite the BJP to form the government in the southern state.
bhishek Manu Singhvi is appearing for Congress & JD(S), Additional Solicitor General (ASG) Tushar Mehta for Union govt & former Attorney General Mukul Rohatgi for BJP, in hearing of the petition filed by Cong & JD(S) challenging Karnataka Governor’s decision. The joint petition by the Congress and the Janata Dal (Secular) has sought a stay on the oath-taking ceremony, as communicated by the governor to the BJP’s chief ministerial candidate B S Yeddyurappa. Earlier in the evening, Vala invited Yeddyurappa to form the government and take oath as chief minister tomorrow. He also asked Yeddyurappa to seek a vote of confidence within 15 days of assuming office. Stay tuned with us for all the LIVE updates on Karnataka election 2018: May 17, 2018 5:48 AM Yeddyurappa to take oath at 9 am today May 17, 2018 5:36 AM Singvi pleaded with the court to schedule the floor test for Friday. The court refused the plea and said that it would continue hearing the matter on Friday at 10.30 am. May 17, 2018 5:34 AM The Supreme Court has refused to stay the swearing in ceremony of B S Yeddyurappa. The ceremony is scheduled for 9.30 am. The court has asked Yeddyurappa to produce the letter of support in court by 10.30 am on Friday. May 17, 2018 5:30 AM In a sudden twist the AG has been asked to produce the letter given to the Governor by Yeddyurappa. May 17, 2018 5:16 AM If a Governor dared to make a one party party CM, we cannot injunct the CM from taking oath. But we can stay his government from functioning says SC. Singvi says you cannot give me a right of which the remedy is illusory. The court says, are you saying we cannot stop a government from functioning. May 17, 2018 5:13 AM The order of the Governor can be questioned not stayed says SC May 17, 2018 5:03 AM The SC will deliver its verdict soon. It is expected to come out in another 15 minutes. May 17, 2018 4:58 AM It stands to reason that we cannot injunct a party ( Governor) we cannot summon here. May 17, 2018 4:58 AM SC observes that if court cannot issue notice to Governor, then it should not injunct him from swearing in also. May 17, 2018 4:55 AM Rohatgi says that in Goa, Digambar Kamat of Congress never made a claim. So the next person Manohar Parrikar of the BJP made the claim and was invited to form the government. The number of days that could be given to Yeddyurappa to prove his majority can be debated after two days. It is not a case of Yakub Memon hanging that the arguments to continue exactly in the same fashion from 2 am to 5 am, he also said. May 17, 2018 4:51 AM Singvi continues to plead that the swearing in ceremony be postponed to 4.30 pm today. Rohatgi appearing for the BJP opposes. Hearing continues in Supreme Court. May 17, 2018 4:35 AM You are not even appearing for BSY. You are for some MLAs, Singvi tells Rohatgi. The balance of convenience and majesty of law supports postponement of the swearing in by 10 or 3 hours. What if BSY does not have majority? My Lords can have the swearing in by evening. Rohatgi argues, “ allows the swearing in and then unscramble the egg. May 17, 2018 4:31 AM SC now agrees to continue hearing the matter after Singvi continues to persist. The SC had said that it would not interfere with the swearing in earlier. May 17, 2018 4:28 AM Singvi insists that the swearing in should be deferred till 4.30 pm. Let Yeddyurappa show lists of supporting MLAs. May 17, 2018 4:27 AM A verbal duel has broken out between Singhvi and Rohatgi. The SC says we are allergic to this. Singhvi asks who is Rohatgi appearing for. Weird that he is appearing for some MLAs and BSY, he says. Rohatgi hits back and asks how can a senior counsel be accused like this. I will appear for anyone. May 17, 2018 4:25 AM Abhishek Manu Singhvi persists that the matter be heard after two days. The court is all set to give its order. May 17, 2018 4:23 AM The court says that it would not restrain the swearing in of B S Yeddyurappa. We will make it subject to the floor rest. We will issue notice to the BJP and ask them to respond in a day or two. The order is set to be dictated. May 17, 2018 4:21 AM SC says that it is not restraining the swearing in but is making it subject to floor test May 17, 2018 4:19 AM The SC can curtain the time period from 15 to 10 or 7 days says Rohatgi. The AG says that we do not know if Yeddyurappa will face floor test. The petition should not have been filed. They should have waited for the outcome of the floor test, he also says. The swearing in can be subject to the outcome of the floor test he also says. May 17, 2018 4:17 AM Congress and JD(S) want to stultify democracy says Mukul Rohatgi. May 17, 2018 4:16 AM Two hours since the hearing began May 17, 2018 4:08 AM “Governors action will be amenable to judicial review but he cannot be injuncted from exercising his duties”, Mukul Rohatgi May 17, 2018 4:07 AM Mukul Rohatgi, says Supreme Court may set aside the decision of a Governor but he can’t be restrained from doing his constitutional job May 17, 2018 4:04 AM Let swearing-in happen, we will get the numbers. We’ll prove majority in 7 days: BJP’s counsel Mukul Rohatgi May 17, 2018 4:04 AM Governor could have waited for some more time before taking his decision: 3 judge bench May 17, 2018 4:03 AM “This is an attempt to stultify democratic process”, says Mukul Rohatgi May 17, 2018 3:58 AM AG KK Venugopal and Mukul Rohatgi say they are agreeable to floor test in seven days. May 17, 2018 3:56 AM AG KK Venugopal says “no urgency in the matter. Let the matter be heard at length, no irreversible damage will be done” May 17, 2018 3:56 AM This petition should not have been filed. Congress & JD(S) should have waited for the floor test to be conducted: Attorney General KK Venugopal, Centre’s lawyer May 17, 2018 3:49 AM “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 May 17, 2018 3:47 AM Singhvi hands over to the SC bench copies of the invite by the Governor to BSY to form the govt. Justice Bobde, looking at the bad photocopy said, ‘this document is as dark as the night.’ May 17, 2018 3:44 AM 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 May 17, 2018 3:41 AM Supreme Court shouldn’t have allowed midnight hearing. Last midnight hearing we had was in case of Yakub Memon: Mukul Rohatgi May 17, 2018 3:40 AM “It was wrong. Last midnight hearing we had was in case of Yakub Memon. Is this case that urgent?” questions former AG May 17, 2018 3:39 AM Can a floor test be ordered without swearing in of the CM: Justice SA Bobde to AG KK Venugopal May 17, 2018 3:32 AM Mukul Rohatgi representing BJP begins his argument says, it will be an interference if Supreme Court stops Governor’s decision and that its impossible to stay Governor’s order. May 17, 2018 3:29 AM Power of Supreme Court is greater than that of Governor. Postponement of swearing-in ceremony will not amount to interference in Governor’s work, said Singhvi to 3 judge bench May 17, 2018 3:29 AM “Swearing-in ceremony can be held day after tomorrow,” Abhishek Manu Singhvi in hearing of plea filed by Cong & JD(S) challenging Karnataka Governor’s decision May 17, 2018 3:28 AM Horse trading is taking place in Karnataka, said Singhvi to 3 judge bench. May 17, 2018 3:24 AM 3 judge bench requests Abhishek Manu Singhvi to wind up his argument May 17, 2018 3:23 AM Singhvi asks to defer the swearing in and says “you are not restraining the Governor. You’re restraining the person hoping to be sworn in.” May 17, 2018 3:17 AM “You don’t even have the letter of the Governor in which he invited BJP to form the government,” three-judge bench asked petitioner’s lawyer Abhishek Manu Singhvi while hearing the petition filed by Cong & JD(S) challenging Karnataka Governor’s decision May 17, 2018 3:09 AM Former Attorney General Mukul Rohtagi has argued that Governor’s decision’s can’t be challenged in court. Singhvi says Article 361 is immunity from prosecution, not entirely from judicial review. Governor’s exercise of discretionary power can be challenged in court, he claims. May 17, 2018 3:02 AM Singhvi further said he has signatures of 117 MLAs. Asks, why BJP is given 15 days to form govt. May 17, 2018 3:01 AM Abhishek Manu Singhvi cites alliances in Meghalaya, Manipur, #Goa, #Delhi, Jharkhand, Jammu And Kashmir where combination of parties was given preference over single largest party. May 17, 2018 3:01 AM Can Supreme Court overrule Governor’s order? : Judge Arvind Bobde asked Singhvi May 17, 2018 3:00 AM Who is the in-charge of Karnataka now? asked Judge to Abhishek Manu Singhvi . In response to which Singhvi said there is a caretaker govt. May 17, 2018 2:59 AM If we stop Governor’s order, will it not create vacuum?: Judge to Abhishek Manu Singhvi May 17, 2018 2:59 AM Abhishek Manu Singhvi tells 3 judge bench, swearing-in, in such a hurried manner has not happened before, anti-defection law not applicable to MLAs. May 17, 2018 2:53 AM Swearing-in is a purely executive act, says Singhvi May 17, 2018 2:51 AM Justice SA Bobde said,”We are also wondering whether this Court can restrain the Governor because that might lead to a constitutional vacuum as far as government in a state is concerned.” May 17, 2018 2:50 AM It is unlikely that their (BJP’s) letter won’t state they have the support of more MLAs, including independents,” said Congress lawyer AM Singhvi. To this, SC asked why the Cong also cannot claim the support of independents May 17, 2018 2:38 AM How do you know #BSYeddyurappa has not claimed majority? Judge asks to Abhishek Manu Singhvi May 17, 2018 2:30 AM Congress lawyer AM Singhvi says,”It is unheard of to give 15 days for floor test. Elementary common sense would tell that 104 party being called ahead of 116 parties and then giving them 15 days is adding insult to injury” May 17, 2018 2:23 AM Congress’ lawyer AM Singhvi begun his arguments by saying that governor has completely dispensed with the constitutional norm. May 17, 2018 2:17 AM AM Singhvi commences submissions for petitioners citing the seats secured by different parties. Setting out the factual matrix of the case. May 17, 2018 2:17 AM Senior advocate Mukul Rohatgi says no injunction can be issued against the governor May 17, 2018 2:16 AM Court may pass an order declaring order of Governor inviting BS Yeddyurappa to form govt as unconstitutional & quash the same,or, pass direction to Guv to invite alliance of INC & JD(S) which has support of more than 112 MLAs to form govt:Congress & JD(S) in plea to SC May 17, 2018 2:15 AM 16,000 police personnel, 50 KSRP platoons, 35 CAR platoons and 8 DCPs deployed by Commissioner of Police T Suneel Kumar for Yeddyurappa’s swearing-in ceremony. May 17, 2018 2:06 AM Abhishek Manu Singhvi appearing for Congress & JD(S), Additional Solicitor General (ASG) Tushar Mehta for Union govt & former Attorney General Mukul Rohatgi for BJP, in hearing of the petition filed by Cong & JD(S) challenging Karnataka Governor’s decision May 17, 2018 2:04 AM JD(S) spokesperson Danish Ali has hit out against the BJP and the Karnataka governor as he addresses the media outside the Supreme Court. “We have the number. Our alliance has 57% vote share. How can the BJP claim anything? Will they get their numbers from heaven? The governor should have invited HD Kumaraswamy to form the government. What the BJP is doing is unconstitutional. Why else has this house of justice (Supreme Court) opened its door at this hour of the night?” May 17, 2018 2:00 AM 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, says 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 May 17, 2018 1:57 AM Therefore, commanding a clear majority in the house of 224. It was therefore incumbent upon Governor to invite the post poll alliance of JD(s) and INC to form the Government and direct them to prove the majority in the floor of the house. May 17, 2018 1:57 AM The post poll alliance between the INC and the JD(S) has 116 seats, and 2 independent MLA’s have also offered support to the coalition of the JD(s) and INC and therefore legislators supporting the alliance is 118. May 17, 2018 1:57 AM Petition states that decision of the Governor is completely tainted with arbitrariness, malafide, partisanship and has been taken in an extremely hasty manner to pre-empt the coalition from forming the Government. As such it is violative of Article 14 of the Constitution. May 17, 2018 1:56 AM 3 Judge bench start hearing Yeddyurappa’s swearing-in ceremony case at Court No. 6 of Supreme Court May 17, 2018 1:49 AM Congress’ Abhishek Manu Singhvi with his juniors inside the Supreme Court. The hearing will begin in Court 6 and will be beginning any time now. May 17, 2018 1:48 AM Youth Congress workers protest in front of Parliament over Yeddyurappa’s swearing-in ceremony. Resort to sloganeering against the Central govt. Posters of Amit Shah & PM Modi burnt. May 17, 2018 1:46 AM Sr Advocate @DrAMSinghvi along with his juniors reaching SC for the midnight hearing; Singhvi to represent Congress-JD(S) challenging the Governor’s decision to invite Yeddyurappa to form Govt in Karnataka May 17, 2018 1:46 AM Hearing to begin in Court number 6 May 17, 2018 1:44 AM Additional Solicitor General Tushar Mehta to represent the BJP in BS Yeddyurappa’s swearing-in ceremony hearing. May 17, 2018 1:36 AM AM Singhvi reaches Supreme Court, leads Congress-JD(S) charge in the Court May 17, 2018 1:23 AM Mukul Rohtagi leaves for Supreme Court, says “respect CJI’s decision to take up this matter at midnight.” May 17, 2018 1:23 AM Three judge bench of justices AK Sikri, Ashok Bhushan and SA Bobde to hear the Congress-JD(S) petition at 1.45 am May 17, 2018 1:23 AM CJI is deciding the names of judges who will hear BS Yeddyurappa’s swearing-in ceremony case. Hearing to begin shortly. May 17, 2018 1:14 AM Hearing on BS Yeddyurappa’s swearing-in ceremony to take place at 1:45 AM at Supreme Court. May 17, 2018 1:03 AM Supreme Court General Secretary Ravindra arrives at CJI’s residence. CJI to scrutinize documents related to Congress’ plea. May 17, 2018 1:02 AM Youth Congress stages protest in front of parliament, condemning Karnataka Governor’s decision to invite BJP to form govt. May 17, 2018 12:38 AM 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 May 17, 2018 12:35 AM Abhishek Manu Singhvi who is the counsel for JD(S) & #Congress, seeks emergency hearing on the pleas submitted by the 2 parties. May 17, 2018 12:34 AM Cong-JD(S) Counsel Abhishek Manu Singhvi also seeks stay on allowing 15-day time to BS Yeddyurappa for proving majority. May 17, 2018 12:28 AM Congress & JD(S) submit 2 pleas to the Registrar of Supreme Court to stay the swearing-in ceremony of BSY eddyurappa as CM of Karnataka. May 17, 2018 12:27 AM It depends on Governor’s discretion. Constitution provides them complete power to appoint anyone the CM, but Guv is expected to choose the person, who in their judgement, is in a situation to gain majority in the assembly:Subhash Kashyap, Constitutional expert May 17, 2018 12:13 AM We are preparing for a legal battle. PM Modi uprooting the political system in India: HD Kumaraswamy.