Mr Gowda, in his letter dated October 23, said all options to form an alternative government has failed and hence the legislative assembly should be dissolved.
The BJP leaders are apprehensive the Governor may view this letter seriously and recommend dissolution of the Assembly. The BJP leaders are even said to have consulted its former law minister Arun Jaitley and several legal experts on the issue.
It is said Mr Gowda has received an endorsement from Raj Bhavan that his letter is “under consideration”. But JD (S) spokesman Y S V Datta said the letter has no legal sanctity as the same was signed by the party president and not the legislature party leader.
“Gowda has written the letter in his capacity as party national president.
Like him, many leaders, including BJP leader Yediyurappa, had sought dissolution of the Assembly. But JD(S) Legislature Party leader Kumaraswamy has not sought the dissolution. So, the Governor will have to invite the BJP to form government.”
He also said Governor Rameshwar Thakur, in Delhi, had said no political party had staked claim to form government. In case such a claim is made, then he would invite that party to form government.
“So, the Governor would, I am sure, go by his words. Mr Gowda’s letter has lost its significance because the BJP and JD(S) combine wants to form government,” the JD (S) spokesman said.
Highest number
Datta said as per the S R Bommai case verdict, a party which has the highest number of MLAs on its side, should be invited to form the government. “In this case, the BJP has the highest number of MLAs. The BJP and JD (S) combine would have 120 MLAs on its side. Naturally, the Governor should invite the BJP to form government.”
Asked what the JD (S) would do if the BJP fails to get an invite to form the government, Mr Datta said the BJP being the single largest party, it would have to move Supreme Court.