Cong-JD (S) should have waited for floor test outcome: AG

Attorney General K K Venugopal on Thursday criticised the Congress-JD (S) combine in the Supreme Court for taking the political battle of Karnataka to the judicial arena, saying the proper forum for them to contest the BJP's claim was the floor of the House.

The Attorney General said the plea challenging Karnataka Governor's decision to invite BJP to form government should not have been filed and they should have waited for the outcome of floor test.

Venugopal, who vehemently opposed the plea seeking a stay of the swearing-in ceremony, argued that the top court cannot question the Governor's discretion to call a party to form a government.

"The whole issue is a grey area subject to speculation. Let the matter be heard at length," he said.

A three-judge bench of Justices A K Sikri, S A Bobde and Ashok Bhushan asked Venugopal on what basis Yeddyurappa has claimed stake to form the government.

"When the other side has given a letter of support signed by the members from Congress and JD (S), on what basis the BJP can say it has the majority? Arithmetic defies how this can happen," the bench asked Venugopal.

The top court also asked why the Governor has granted 15 days for the floor test.

"That is the Governor’s decision," Venugopal replied.

"You cannot deny that all these actions are subject to judicial review though he (Governor) might not be liable," the bench said.

Venugopal said there was no urgency in the matter and added “Let the matter be heard at length. No irreversible damage will be done."

Sharing his experience on attending a pre-dawn hearing, the AG said this was his first experience of night-long hearing in the apex court in his 64 years of legal practice.