Karnataka elections now turned into a fight of existence for Congress hence the oldest political party of India filed a petition challenging BJP leader BS Yeddyurappa taking oath as Karnataka CM. To listen to the petition of Congress Party, Chief Justice Dipak Misra set up a three-Judge bench before Midnight. The Governor of the Karnataka State provided 15 days to BJP leader BS Yeddyurappa to Prove the mandate and invite him to swear in as Karnataka CM today at 9 am. Congress raised the question on Governor's decision and called it "encounter of the Constitution".
The three-judge bench includes Justices AK Sikari, A Bobde and Ashok Bhushan to listen to Congress' urgent petition before midnight at 1.45 am. Congress leader Abhishek Manu Singhvi who is also leading the legal team of Congress party thanked the Apex Court and tweeted before reaching court, "Shows justice never sleeps and accessibility is 24*7 where merits so demand. Which apex court in the world allows such accessibility".
This is the second time in the history of The Apex court that a petition is being listened before midnight. The top court held a 90-minute hearing in July 2015 to listen against the execution of Yakub Memon for his role in Mumbai bomb blasts.
In the 222-seat assembly, BJP has 104, Congress has 78 and The Political Party of Ex-PM HD Devegauda Janta Dal-Secular has 38 Lawmakers while 2 candidates reached assembly independently. BJP got the support of an independent MLA and now has 105 nos though Congress-JDS alliance has 116 so that they alleged that the Governor ignored their majority in the newly constituted assembly.
Hearing before the Apex court is underway till late night, Mr Singhvi argued,"Governor can't negate democracy and after the swearing in happens I can't come to Supreme Court." He added that 15 days granted to BS Yeddyurappa is unheard of. "It is an elementary common sense on numbers." He further added, "Giving 15 days is encouraging unconstitutional sin of poaching." He also cited previous instances of Meghalaya, Manipur and Goa where Congress Party was the single largest party but BJP and the other parties invited to form Government.
Though Mukul Rohtagi who represent BJP in court questioned that how can a court stop a Governor from performing any act.
The Supreme Court will resume hearing the case Friday morning at 10.30 a.m. and BJP has been ordered to produce the letters submitted by BS Yeddyurappa to the governor by then.