SC refuses quick hearing on plea against Guv’s move to call Cong-JD(S)

The Supreme Court on Tuesday refused to grant an urgent hearing to a plea filed by Akhil Bharat Hindu Mahasabha (ABHM), challenging Governor Vajubhai Vala’s decision to invite the Congress-JD(S) combine to form the government in Karnataka.

A bench of Justices A M Khanwilkar and Navin Sinha said the matter would be heard in due course.

The matter was initially mentioned before the bench in the morning session by ABHM’s counsel but another lawyer opposed it claiming it was a “proxy” petition and the petitioner was not the original outfit. It was contended that the affidavit filed by the petitioner was a forged one and that the issue relating to the recognition of ABHM was pending before the Election Commission of India. The issue was again mentioned at 2 pm when the counsel for the petitioner said they have filed a writ petition and the other lawyer cannot stop him from mentioning it for urgent listing.

“How can a writ petition be filed,” the bench asked.

Responding to the query, the petitioner’s counsel said the ABHM was a political outfit and it was challenging the “illegal act” of the Karnataka Governor. “This political party does not have any representation there,” the bench observed, and again rejected the plea.

The counsel, however, maintained that a petition filed earlier in the apex court by the Congress-JD(S) combine challenging the Governor’s decision to invite BJP leader B S Yeddyurappa to form the government in the state was entertained.

The ABHM, in its plea, has stated that the post-poll alliance of the Congress-JD(S) was a “fraud” on the electorate.