The apex court, which commenced the hearing at 2.11 AM and ended at 5.28 AM, however made it clear that the swearing-in and the government formation in the state would be subject to the final outcome of the case before it.
The matter shouldn't be heard in the night. "Will heavens fall if somebody is sworn in?".
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To this, the Justices Sikri, Bobde and Bhushan said they were wondering whether the Supreme Court can restrain a Governor that might lead to a constitutional vacuum in a state.
On October 15 that year, he surrendered before the Lokayukta court, after it issued a warrant against him in connection with alleged land scams, and was in jail for a week, dealing a body blow to the BJP's claim of being a party with a difference.
Top sources in the BJP had already confirmed to Asia Times that the governor would invite the BJP to form a government after the tight poll result. Kumaraswamy also warned that if the BJP attempts at Operation Lotus once more, it would fail.
The court observed that it was "preposterous" to argue that before MLAs take the oath they were not amenable to anti-defection law.More news: Moving Average Focus on 2022 Corp Bond ETF Bulletshares Guggenheim (BSCM) Shares
Senior lawyer Ram Jethmalani, on Thursday, petitioned the Supreme Court bench to have an urgent hearing over the Karnataka Governor's decision to invite the Bharatiya Janata Party (BJP) to form a government in their state.
Yeddyurappa won the Shikaripura seat by a margin of over 35,000 votes while Kumaraswamy won convincingly in both Channapatna and Ramanagara. Attorney General KK Venugopal, ASG Maninder Singh in court for hearing.
As Yeddyurppa faced an uncertain future and the BJP looked for a leader with a formidable reputation to lend its campaign the required heft ahead of the 2014 Lok Sabha polls, the two cosied up to each other.
During his term as Chief Minister of Karnataka, he was involved in a major mining scam, in a bid to help a privately owned company called Janthakal Enterprise. This time it was the Congress that secured just 13 seats, indicating that the Lingayat community has rejected former Chief Minister Siddaramaiah's move to give them minority religion status.More news: Woman killed by fallen tree in Town of Newburgh was Ulster resident
It seems that Jethmalani is not in support of the opposition parties, but has objections with the governor's decision, which he deems as being unconstitutional.
While Article 361 provides governors absolute immunity from judicial interference, the courts have in the past indicated that a decision by the governor should not be arbitrary and patently malicious. In Manipur, Governor Napa Heptulla had invited the BJP to form the government on the same grounds. I feel that it (mandate) is not good for the State's development. Modi ensured that Vala was appointed as the governor of Karnataka, a key state then held by the Congress party. "The Congress-JD (S) combine must be invited to form the government", said Kapil Sibal. He also tweeted, "A farcical Oath of CM's post, A fraud being played on majority, A treachery with Constitution, A deception with democracy, That is Governor Karnataka illegally swearing in #BSYeddyurappa-turning the Raj Bhavan into BJP Office". The BJP leaders, who once boasted of a superior political morality, need to be reminded that their party will not win every single election, and that they will not remain in power for ever.More news: Mets' Cespedes sidelined with hip strain