Fri. Mar 29th, 2024

The race to power in Karnataka landed in a dramatic midnight hearing in the Supreme Court yesterday after Congress leader and senior advocate Abhishek Manu Singhvi sought an urgent stay against BS Yeddyurappa’s swearing-in ceremony scheduled for today.

Singhvi reached the Supreme Court registry late last night and sought the Chief Justice of India’s approval for the urgent hearing, following which Chief Justice Dipak Misra set up a three-judge bench comprising of Justices AK Sikri, SA Bobde, and Ashok Bhushan.

Singhvi argued that Karnataka governor Vajubhai Vala’s invitation to BS Yeddyurappa to take the oath and form the government is unconstitutional because BJP has only 104 MLAs, which are 7 below the half-way mark. He said that Yeddyurappa had written a letter to the governor falsely stating that he has a majority and the governor had granted him 15 days to prove that on the floor of the house.

The Congress leader asked the court to set aside the governor’s invitation to Yeddyurappa and sought a stay on his swearing-in ceremony that will take place today morning. Appearing for the BJP, former attorney general Mukul Rohatgi argued that the court cannot stop the governor from discharging his constitutional duties, and that is why Singhvi’s plea must be dismissed.

Attorney general KK Venugopal also told the bench that the governor enjoys constitutional privilege and he cannot be summoned to court to clarify his stand. The bench agreed with Venugopal partly, but it said that it is questioning the governor’s actions and not the governor himself.

Consequently, the bench refused to interfere with Yeddyurappa’s swearing-in ceremony but clarified that it will be subject to the outcome of Congress party’s petition. This means that Yeddyurappa will have to vacate office again if Congress wins a favorable order in this case.

The court posted this matter for further hearing tomorrow morning at 10:30. Advocates arguing the case were instructed to produce Yeddyurappa’s letter to the governor claiming a majority in the next hearing.

By dhruv

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