How it happened in apex court: Blow by blow account

Copy of the letter addressed by B S Yeddyurappa to the Governor with a request to invite him for forming the government.

How it happened in apex court: Blow by blow account

* Mukul Rohatgi produces letters sent by Yeddyurappa.

* SC asks him to give other side a copy.

* Rohatgi reads out May 15 letter; says since there is no pre-poll alliance, BJP as a single largest party can form the government.

“I have the support of others and requisite majority to give a stable govt,” he reads

“We are the largest party with the mandate of people. No pre-poll alliance, an unholy alliance made, only place to prove majority is floor of the House, do not wish to tell name of other MLAs they will vote as per conscience, no doubt will prove majority,” he Rohtagi says.

SC: On one hand you claim you have single largest party with support who gets invited, at the same time the Congress-JD(S) has given support in writing to Governor.

SC: What basis the Governor decides who can provide stable government on the face of a claim of majority support by the single largest party and on the other a written support of the majority to Congress-JD(S).

Rohatgi: Support will come from MLAs belonging to Congress and JD(S). “I don’t want to say anything more at this stage.

He says the letters written by Congress-JD(S) does not show the signature of each and every MLA declaring its support to the post-poll alliance.

“I have instruction from several MLAs from other side that they have not given written support to Congress-JD(S) combine. The final test of pudding is floor of House.” he adds.

SC: That’s true but the question is who should enter the arena first

SC: Now no doubt, it is ultimately a number game and Governor is to see which party commands majority support. Governor has to satisfy himself first.

SC cites Sarkaria Commission and the order of preferences before the Governor.

SC: One thing about post poll-alliances is that voters did not know they would come together after elections. A pre-poll alliance is different from a post poll. Pre-poll people know about it but post-poll is a little lower in weight than pre-poll. Ultimately it is to be tested on floor of House.

SC: As Yeddyurappa claimed support of majority and BJP is the single largest party, there are two alternatives whether Governor’s decision to be tested or hold floor test on Saturday.

It is better to hold floor test on Saturday and not give anytime to anyone rather than go into the legality of Governor’s decision to invite Yeddyurappa.

Abhishek Singhvi: SC must decide who should get chance first - Congres-JD(S) alliance or BJP, - to prove majority on the floor of House.

SC: Let there be a floor test and let the House decide. That is the best course.

Singhvi: Election is one part but who gets invite first is a completely different ball game. We know what happens when a minority support base party gets invite to form the government. It will kill democracy.

Kapil Sibal rises to support Singhvi’s arguments.

Singhvi continues and asks how can Governor think that the BJP can prove majority when Congress-JD(S) combine have the arithmetic of majority MLAs.

Singhvi: Yeddyurappa says ‘I with an unknown X which he does not name’ will form a majority. He had to say I with A,B,C have crossed majority mark.

Congress-JDS specified 117 with all details. Can you say Governor applied his mind by giving BSY the opportunity to form a govt, he asks.

Does an assertion can give me a chance I will manufacture majority, he asks.
Congress-JD(S) is ready for floor test Saturday, without any delay, he says.

Singhvi says there should be videography and proper security to MLAs to vote fearlessly.

SC: Will order DGP to make proper arrangement for floor test on Saturday

Sibal appearing for Kumaraswamy says Governor has no discretion to invite a party to form government.

SC: These are debatable issues. Sibal says these are settled issues.

SC tells Sibal we understand you have much to say as the other side. We are here to uphold the law. But what we are saying is once floor test is agreed what is the use of these arguments.

SC says we do not what transpired between Governor and BSY to get an invite.

Tushar Mehta for Karnataka government says: Governor has never received any signed letter from the Congress showing 78 members’ support. Only a letter annexing the names of 78 members downloaded from the EC website.

Sibal says JD(S) wants immediate floor test. There should be an appointment of pro tem Speaker.

SC tells Governor not to nominate any Anglo-Indian community member as MLA till the floor test is over.

Rohatgi says floor test should not happen on Saturday but there should be a reasonable time not one day.

SC says there are past precedents fixing such time period for floor test.

Rohatgi: There should be a reasonable time for the MLAs to come and vote freely as they are locked up. But I leave the time period to SC.

Ram Jethmalani gets up to say that SC should uphold rule of law and that Governor has violated law.

SC says it will decide later.

Rohatgi again asks SC to fix floor test on Monday at least. Congress and JD(S) MLAs are locked up outside the state. They also have to come to vote. So give more time.

SC starts dictating order.

 

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