What legal experts say about Governor V R Vala’s options?

B V Acharya,
Former advocate general

Both Congress and JD(S) did not have an alliance before the election and now, even before the results are out, they have come together seeking permission to form a government. The governor has to see whether they can give a stable government and whether the legislators of each party have accepted the alliance.

He has to find out whether both alliance parties are genuine because Congress legislators have taken more seats than JD(S) and whether they will accept the chief minister from a minority party. All these issues should be looked into.

The Governor has to get confidence that the alliance will give a stable government. If they form a government and after some days, if legislators go with another party, there will be issues again.

If Governor is convinced that Congress and JD(S) alliance can give a stable government, he can call
H D Kumaraswamy to form the government.

Ravivarma Kumar,
Former advocate general

The present issue before the governor is widely debated in Sarkaria Commission. According to which the party or combination of parties, which commands the widest support, should be called upon to form the government. The Governor should not try to form a government which will pursue policies which he approves.

The Governor is known to be the BJP’s man and also the nominee of the BJP party. He should be very strict in following the constitutional guidelines. In the present situation, no party has a majority.

Now, Governor is bound to invite H D Kumaraswamy to be the chief minister of Karnataka and form the government. This is the only option left with the Governor. This is what is followed in the SR Bommai and subsequent cases by the Supreme Court.’’