High Voltage Hearing In The Karnataka Assembly Case: Read The Complete Courtroom Exchange [Read Order]

The hearing on Friday commenced with Attorney General K. K. Venugopal submitting before the Supreme Court bench of Justices A. K. Sikri, S. A. Bobde and Ashok Bhushan that the letters addressed by BJP Chief Ministerial candidate B. S. Yeddyurappa to Governor Vajubhai Vala asserting majority have been produced.Senior Counsel Mukul Rohatgi, appearing on behalf of the BJP, submitted, “after the first letter of May 15, a second letter dated May 16 was sent to the governor stating that the BJP has emerged as the single largest party...that I also have the support of others...hence, I request you to invite me to form the government...”Senior Advocate Prabhuling Navadgi Appointed As Advocate General For Karnataka“I have the majority and I shall prove it on the floor of the house...the place to do that is not the courtroom...there is no requirement for me to give any names as to who will support me...The criterion as laid down by the Sarkaria Commission is that of the single largest party having the majority with the support of others including independents...The nutshell is the mandate of the people...”, he added.He mentioned that the judgment of the Supreme Court seven judge bench in S. R. Bommai (1994) lays down guidelines to regulate the discretionary power of the Governor.“You claim to be the single largest party having the required support...this is subject to verification...there is also the letter by the Congress...where one is only claiming and the other is proving, how is the Governor to decide?”, remarked Justice Sikri.“It his job to exercise his discretion in ensuring a stable government...his role is only to check the ground realities...that here is one party that has been thrown out and there is the other party having the mandate of 95% people...”, responded Mr. Rohatgi.“The Congress list contains the names of some 79-80 persons...it is not signed...based on the instructions of certain MLAs, I believe the signed document was never given to the governor...if it so, then this petition may not proceed...”, he continued.“The main issue is that if two positions are jostling and the governor exercises discretion under Article 164, then the final fight shall be at the floor of the house...”, stated Mr. Rohatgi.“That is true...but who enters first is the question”, noted the bench.“As per the Sarkaria Commission Report, there is no dispute when any party having majority is to form the government...the dispute arises when no party has the majority...this exercise has to carried out objectively and the Governor must satisfy [unclear]...”, continued the bench.K’taka Elections: Two More Pleas In SC – One Backing Governor’s Invite To BSY, Other Challenging Govt Decision To Nominate Anglo-Indian Member To Assembly Before Floor Test“Pre-poll alliance is placed at the highest wrung as the voters knew this alliance was projecting itself...as far as the post poll alliance is concerned, it is kept at a lower level than the single largest party, as the voters had no idea they would come together...it is about rationality...”, explained the bench in the light of the Sarkaria Commission Report, reiterating, “but there is no dispute that two parties claiming majority have to battle it out on the floor...”“There are two alternatives- first, that we hear at length and decide on the correctness of the Governor’s action to invite BJP and not the INC-JD(S)-BSP alliance to form the government; and second, that we direct the floor test to be held tomorrow itself and we do not allow any time to anyone...”, suggested the bench.At this point, Senior Counsel A. M. Singhvi interjected, “whether he is called first or I am called first, the floor test is a given...the question is whether the Governor was justified in his act...what was the game plan? The intent was to cause a delay of 15 days...”“We are not objecting to deciding on the correctness...let there be a floor test, while we keep the larger issue open...if we are to hear now and pass a judgment, precious time would be lost, even if you get the judgment in your favour...”, affirmed the bench.“I am the governor, I receive 117 signatures along with a letter from the Congress...Yeddyurappa says that they are crossing the majority with support from ‘others’...he says that he has 104 seats with 7 ‘others’...a mere ipse dixit of ‘others’ cannot suffice...the interpretation of the Sarkaria Commission recommendation cannot be that any single largest party asserts majority without giving any details, seeks a window and still insists on being invited...this cannot and should not be the law of interpretation...can any Governor in such circumstances say that he has applied his mind and that 5 is bigger than 6?”, argued Dr. Singhvi.He added that the floor test should be conducted forthwith and with adequate security. “If it is to be held tomorrow morning, then it should be carried out without any delay”, he submitted.Senior Counsel Kapil Sibal, representing petitioner H. D. Kumaraswamy of JD ...

High Voltage Hearing In The Karnataka Assembly Case: Read The Complete Courtroom Exchange [Read Order]

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High Voltage Hearing In The Karnataka Assembly Case: Read The Complete Courtroom Exchange [Read Order]

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