Senior advocate Mukul Rohatgi, who vehemently opposed in the top court the Congress-JD (S) plea challenging Karnataka governor's decision to invite the BJP to form government in the early hours on Thursday, said this was not a Yakub Memon hanging situation which deserved a midnight hearing.
The tally on May 15 came down to 104 seats for the BJP, emerging as the single largest party, followed by the Congress at 78 and JD (S) at 37. The Congress lawmakers, who have been camped at the Eagleton resort in Bengaluru since yesterday, are now being moved out of the state in a bus. The SC also suggests that it is better to have a floor test and not to give anytime to any party. "In case, he is given oath in the meantime, that shall be subject to further orders of this court and final outcome of the writ petition", the court said.
Former Prime Minister and JD (S) supremo H. D. Deve Gowda, State JD (S) President H.D. Kumaraswamy, former CM Siddharamaiah and other leaders took part in the protest that ended by afternoon.
In response to the Congress's requests, the apex court also directed the Karnataka government and the governor not to nominate any MLA from the Anglo-Indian community to participate in the floor test.
Dated May 15 and 16, Yeddyurappa had written two letters to Governor Vajubhai Vala on Tuesday and Wednesday to stake his claim for government formation.
The allegation that the entire episode was "pre-planned" stuck to the BJP since Yeddyurappa had been proclaiming for the past few days that he would take oath on May 17 since it was his lucky day. So, election of Speaker of Karnataka Assembly is to be held and only after that the "willing" Congress or JD (S) MLAs can resign.
The degree of shamelessness with which the Karnataka post-poll drama is being played is a clear and blatant abuse of power by Karnataka governor Vajubhai Vala, who invited the BJP to form the government despite the fact that it didn't have a simple majority. With the majority mark at 112, the BJP either needs support from eight legislators to increase its numbers or bring the effective strength of the assembly down with some legislators quitting.
The Congress has said it will move the Supreme Court over the governor's decision to appoint Bopaiah. The Congress-JD (S) had submitted a letter with 117 signatures.
After a almost three-and-a-half-hour hearing beginning 2:11 AM, a three-judge apex court bench made it clear that the provisional swearing-in and the government formation would be subject to the final outcome of the case before it.