Cong moves SC against K'taka Guv's invite to BJP to form govt, seeks urgent hearing
New Delhi: Agitated over Karnataka Governor Vajubhai Vala's decision to invite BJP leader B S Yeddyurappa to form the government, the Congress tonight approached the Supreme Court seeking an immediate intervention by the chief justice to stay the move, which it termed as an "encounter of the Constitution".
The Congress urged Chief Justice Dipak Misra to hold an urgent hearing tonight itself since Yeddyurappa is slated to take oath as chief minister at 9 am tomorrow. Senior Congress leader Abhishek Singhvi said the party has sought hearing on its petition challenging the governor's decision tonight itself.
"We have filed a petition before the Supreme Court and have urged the registrar to allow hearing on it tonight itself," Singhvi told PTI, adding that immediate hearing has been sought as the matter is very serious. The Congress termed the governor's decision as "murder of democracy and trampling of Constitution".
Earlier in the evening, Vala invited Yeddyurappa to form the government and take oath as chief minister tomorrow. He also asked Yeddyurappa to seek a vote of confidence within 15 days of assuming office. Singhvi, who has been assigned the task to lead Congress' legal challenge against Vala's decision, met the Supreme Court registrar to take forward the process to hear the "urgent petition".
The Congress has termed the move to form a BJP government in Karnataka as "illegal and against the law and constitution." The petition prepared by advocate Dev Dutt Kamath contended that despite presenting the list of 116 MLAs, governor Vajubhai Vala has invited the BJP which has 104 MLAs to form the government and has given relatively longer time of 15 days to prove the majority on the floor of the House.
The petition, it is learnt, has also stated that an order should be passed for inviting the Congress to form the government. Kamath and other advocates were seen going inside the apex court complex to meet the registrar for putting the petition before Chief Justice of India Dipak Misra for constituting the bench to hear the matter tonight itself.
Sources said the BJP has also kept a team of senior advocates, including C S Vaidyanathan, ready to represent the party in case the apex court agrees to grant urgent hearing to the Congress party. Meanwhile, it is learnt that apex court secretary general Ravindra Maithani has visited the official residence of the CJI at the 5 Krishna Menon Marg here. "Calling an immoral and illegal government to be sworn in as an illegitimate child cannot sustain the scrutiny of Constitution or the test of law," said Congress Communications in-charge Randeep Surjewala at a press conference.
The Congress has also said that granting 15 days' time to Yeddyurappa to prove majority on the floor of the House will promote horse trading, alleging that BJP will resort to poaching of MLAs of Congress and JD(S). In a communique, Vala invited Yeddyurappa to form the government and take oath as chief minister tomorrow. He also asked Yeddyurappa to seek a vote of confidence within 15 days of assuming office. The BJP has emerged as the single largest party in the southern state winning 104 seats, but is short of a simple majority.
On the other hand, the Congress and JD(S), which have already announced post-poll tie-up, have won 78 and 37 seats respectively and claimed before Vala to have numbers to form government in the state.
Surjewala accused Vala of denigrating the Governor's office, trampling upon Constitution and abusing law and acting like a "BJP puppet". Vala, Surjewala charged, chose to serve "his masters in the BJP" than serving the Constitution. "Vajubhai Vala denigrates the Governor's office,tramples upon Constitution,abuses the law and acts as a BJP puppet. "He chooses to serve his Master's in BJP rather then serve the Constitution.
