SUPREME COURT ORDERS FLOOR TEST IN KARNATAKA
ASSEMBLY ON SATURDAY
SC said it would be
better to hold the floor test on Saturday without delay than to debate the
legality of the governor's decision.
Mukul Rohatgi revealed that BJP would receive support from Congress and
JD(S) MLAs who didn't back the post-poll alliance SC asked the governor not to nominate any
anglo-Indian MLA till the floor test is over.Supreme Court orders floor test in
Karnataka assembly on Saturday
.A bench of justices
A K Sikri, S A Bobde and Ashok Bhushan was listening to a writ petition filed
by the Congress-JD(S) regarding Governor Vajubhai Vala's invitation to the BJP
to form government + in Karnataka."It is better to hold floor test on
Saturday and not give any time to anyone rather than go into legality of
Governor's decision to invite B S Yeddyurappa," the bench said during
proceedings.This reduces the the 15-day window given by the governor to
newly-crowned BJP chief minister B S Yeddyurappa to prove majority.Senior
advocate Mukul Rohatgi, appearing for Yeddyurappa, opposed the court's proposed
day and asked it to set a more reasonable date for the floor test. The SC cited
past precedents fixing such time period for floor test.
Soon after
proceedings began at 10.30am, Rohatgi handed over two letters stating that
Yeddyurappa has been elected as leader of BJP, the largest party in the
Karantaka assembly, and that he has the support of necessary number of MLAs.Rohatgi
added that there was no need for Yeddyurappa to give names of all MLAs to the
governor as he is ready to prove majority on the floor of the House. He
revealed that BJP would receive support from legislators belonging to Congress
and JDS a and the letters written by Congress-JD(S) does not show signs of each
and every MLA declaring its support to the post-poll alliance."I have
instruction from several MLAs from other side that they have not given written
support to Cong-JDS combine. I don't want to say anything more at this
stage," Rohatgi said.
Senior advocate
Abhishek Manu Singhvi, representing the Congress, asked the court to decide
which party should get the chance to prove majority first. He asserted that
Congress-JD(S) is ready for a floor test on Saturday, without any delay.He went
on to say that there should be videography and proper security provided to
legislators so they may vote fearlessly. SC said it will order DGP to make
proper arrangements for floor test on Saturday.The apex court questioned the
rationale behind governor's Vajubhai Vala's decision to invite the BJP to form
the government when the Congress-JD(S) had the majority strength."On what
basis the governor decides who can provide stable government on the face of a
claim of majority support by single largest party and on the other a written
support of majority to Congress-JD(S)? No doubt it is ultimately a number game
and governor is to see which party commands majority support," said the
bench.SC barred the governor from nominating any Anglo-Indian community member
as MLA till the floor test is over. It asked the Yeddyurappa government to refrain
from taking any major policy decision till the floor test is concluded. The
court directed the DGP to take all measures to keep things under control
outside the assembly so the floor test is conducted smoothly inside the House.Senior
lawyer Kapil Sibal, counsel to JD(S) Karnataka unit chief H D Kumaraswamy,
sought a division of benches in the assembly and the appointment of a protem
speaker.In a historic pre-dawn hearing on Thursday, the Supreme Court refused
the Congress-JD(S) challenge to the governor's invite to form the government
and cleared the way for B S Yeddyurappa's swearing-in as the chief minister of
Karnataka.
During the
high-voltage hearing, which lasted from 2.11 AM to 5.28 AM, the top court made
it clear that the swearing-in and government formation would be subject to the
final outcome of the case.
Prof. John Kurakar
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