Karnataka Assembly Election Results 2018 LIVE Updates: 3 hours later hearing continues in SC, Singhvi wants swearing-in ceremony to be defered

— By  | May 17, 2018 05:10 am

Minutes after Supreme Court Registrar arrived at the residence of Chief Justice of India Dipak Misra, with the petition by  Congress and JD(S)challenging the swearing-in of BJP’s B.S. Yeddyurappa, Supreme Court has decided to hear the plea at 1.45 a.m.
The hearing will have a three-judge bench of Justice A.K. Sikri, Justice Ashok Bhushan and Justice SA Bobde.

Congress and JD(S) have challenged Karnataka Governor Vajubhai R. Vala’s decision to administer oath to BJP legislature party leader Yeddyurappa on Thursday morning at the Raj Bhavan in Bengaluru.

The day was full of twist and turns and here we bring to you the Live Updates.


As the three-judge bench of the SC continues to hear plea of Congress & JD(S) challenging Karnataka Governor’s decision, Abhishek Manu Singhvi pleads the swearing-in ceremony to be deferred by 4.30 pm today while BJP’s lawyer Mukul Rohatgi continues his argument

Supreme Court did not dismiss the petition filed by Congress and JD(S), said, “this petition is a subject of hearing later on”. SC also issued a notice to respondents including BJP’s BS Yeddyurappa, asking to file a reply

It’s Governor’s job to invite to oath. The President and Governor are not answerable to any court. The court should not stop a constitutional functionary in functioning of his official duties: Mukul Rohatgi, BJP’s lawyer

 

Please dismiss this petition. They want an injunction to stop discharging function of one of the highest constitutional functionary. Larger questions is that can it be stalled?: Mukul Rohatgi, BJP’s lawyer

“In a case like this where the opposite side is showing 117 MLAs support, how will you have 112 MLAs support?,” Justice AK Sikri asks AG KK Venugopal, while hearing the petition filed by Congress & JD(S) challenging Karnataka Governor’s decision

“Anti-defection law would come into force only after the MLAs are sworn in,” said KK Venugopal. To this, Justice Sikri said, “Does that mean all the suitcase exchange is possible before they are sworn in? That’s impermissible.” Justice Bobde asked if a floor test can be held after swearing in just the MLAs. KK Venugopal said that it would be highly unorthodox.

“Why 15 days”, asks Justice SA Bobde. ” That is the Governor’s decision”, replies Venugopal.

 Mukul Rohatgi BJP lawyer: “I was woken up from sleep at midnight. This petition should never have been taken up at midnight. Will heavens fall if somebody is sworn in?”

Justice SA Bobde said, “we do not know what kind of majority BS Yeddyurappa has claimed. Unless we see that letter of support, we cannot speculate”, while hearing the petition filed by Congress & JD(S) challenging Karnataka Governor’s decision

“Swearing-in ceremony can be held day after tomorrow,” Abhishek Manu Singhvi in hearing of plea filed by Cong & JD(S) challenging Karnataka Governor’s decision

“Where is the letter of the Governor in which he invited BJP to form the government,” three-judge bench asked petitioner’s lawyer Abhishek Manu Singhvi while hearing the petition filed by Cong & JD(S) challenging Karnataka Governor’s decision

Justice Borde, “Can Governor be restrained under article 361?”

“What if the Governor invites a group of only 10 MLAs and keeps swearing in at 9 am. And Your Lordships say Governor cannot be injuncted”, asks Abhishek Manu Singhvi

“It is unheard of to give 15 days for floor test. Elementary common sense would tell that 104 party being called ahead of 116 parties and then giving them 15 days is adding insult to injury”, Abhishek Manu Singhvi tells the court.

BJP has just 104 MLAs in support and the Governor has invited BJP leader BS Yeddyurappa to form the government. It is completely unconstitutional: Abhishek Manu Singhvi in hearing of plea filed by Cong & JD(S) challenging Karnataka Governor’s decision

Y’day, Congress legislature party passed a resolution supporting JD(S). HD Kumaraswamy submitted 37 MLAs signatures to the Governor, supporting Congress: Abhishek Manu Singhvi in hearing of plea filed by Cong & JD(S) challenging Karnataka Governor’s decision

Court may pass an order declaring order of Governor inviting BS Yeddyurappa to form govt as unconstitutional & quash the same,or, pass direction to Guv to invite alliance of INC & JD(S) which has support of more than 112 MLAs to form govt:Congress & JD(S) in plea to SC

Mukul Rohatgi raises preliminary objection – “No injunction can lie against Governor”, he says.

AM Singhvi commences submissions for petitioners. Cites the seats secured by different parties. Setting out the factual matrix of the case. When there is no absolute majority, then the Sarkaria Commission guidelines come into play which has been appropriated by Your Lordships in Rameshwar Prasad.

Just In: Hearing begins in the court room no 6 in the Supreme Court

Abhishek Manu Singhvi appearing for Congress & JD(S), Additional Solicitor General (ASG) Tushar Mehta for Union govt & former Attorney General Mukul Rohatgi for BJP, in hearing of the petition filed by Cong & JD(S) challenging Karnataka Governor’s decision

 

Here are some of the details of the petition field

Petition states that decision of the Governor is completely tainted with arbitrariness, malafide, partisanship and has been taken in an extremely hasty manner to pre-empt the coalition from forming the Government. As such it is violative of Article 14 of the Constitution. the post poll alliance between the INC and the JD(S) has 116 seats, and 2 independent MLA’s have also offered support to the coalition of the JD(s) and INC and therefore legislators supporting the alliance is 118. Therefore, commanding a clear majority in the house of 224. It was therefore incumbent upon Governor to invite the post poll alliance of JD(s) and INC to form the Government and direct them to prove the majority in the floor of the house. This issue is no longer res-interga, as a matter of fact a three-judge bench in Chandrakant Kavlekar v. Union of India, (2017) 3 SCC 758 has upheld the action of the Governor in the context of the elections of the Goa Legislative Assembly.

 

 

 

Guv has discretion to call largest party & he has done so. If single largest party won’t be able to form govt,other party will be called. In case of Goa elections,single largest party Congress had not presented its side, that’s the difference: Mukul Rohatgi

 

 

JUST IN: Supreme Court to hear Cong-JD(S) plea against Karnataka governor’s decision in Court 2 at 1:45 am.

Constitutional expert Subhash Kashyap says, “Governor’s decision can’t be challenged. As far as the question of which party has the majority is concerned, it can be proven only on the floor of the house, not at the Raj Bhavan or by submitting any list

Supreme Court Registrar arrives at the residence of Chief Justice of India Dipak Misra, with the petition filed by Congress and JD(S) over swearing-in of BS Yeddyurappa as Chief Minister tomorrow

Congress has sought a hearing in Supreme Court tonight on its petition against the Karnataka governor’s decision, Abhishek Singhvi tells PTI.

We want to ask Amit Shah ji that if two parties cannot come together in post poll coalition, then how did you form govts in Goa & Manipur by superseding single largest party? Guv has shamed his office: Randeep Surjewala, Cong in Delhi on Guv inviting BJP to form govt

We will use all legal & constitutional rights available to us. Hum janta ki adaalat mein jaayenge: Randeep Surjewala, Congress in Delhi on Governor inviting BJP to form govt

 

By giving 15 days time (to prove majority) Governor is encouraging horse-trading by BJP leaders, this is unconstitutional. We will discuss the future plan: HD Kumarasway, JD(S) on Karnataka Governor’s invite to BJP to form government

 

The MLAs and MPs of Congress and Janata Dal (Secular) (JD-S) is likely to sit on a ‘dharna’ outside Raj Bhawan from tomorrow if they are not invited by Governor Vajubhai Rudabhai Vala to prove their majority to form government in Karnataka.

Signatures of JDS and Congress MLAs being taken in support of HD Kumaraswamy. The document will be submitted to the Governor later today.

No question of asking for anything (on reports that he wants to be Deputy CM). Our priority right now is to have a secular government. All the 78 MLAs are together: DK Shivkumar, Congress.

All the MLAs are intact. Some of the MLAs came late because they came in a special flight from Bidar: G Parameshwara, Congress on 12 Congress MLAs not present in the legislative meeting at Karnataka Party Congress Committee office in Bengaluru

Rs 100 crore figure is not only imaginary but it is what Congress-JDS do politics through. We are going by rules,we have submitted our claim to the Governor, are confident of forming the govt: Prakash Javadekar,Karnataka BJP In-charge on HD Kumaraswamy’s horse-trading allegations

They are leveling baseless charges against BJP. Poaching&horse trading is not done by BJP, Congress is famous for it. Their own MLAs are not happy with their alliance: Prakash Javadekar, Karnataka BJP In-charge on horse-trading allegations by Congress & JDS


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They (BJP) keep on calling but we don’t bother about it. I have clearly asked them not to call me. I am a committed Congress person.They have been doing this from long time. This is their job: TD Rajegowda, Congress MLA on being asked if BJP had approached him.

This is a bogus news. No Javadekar, no BJP leader has met me till now: HD Kumaraswamy, on being asked if he had met BJP Karnataka in-charge Prakash Javadekar.

We will meet the Governor once again along with state Karnataka Pradesh Congress Committee President (G Parameshwara): HD Kumaraswamy, JD(S)

Who is Javadekar? Who is that gentleman?: HD Kumaraswamy, on being asked if he had met BJP Karnataka in-charge Prakash Javadekar.

Forget ‘Operation Kamal’ being successful, there are people who are ready to leave BJP&come with us. If you try to poach one from ours, we’ll do the same & take double from you. I’m also telling the Governor to not take any decision which encourages horse-trading: HD Kumaraswamy

BJP’s Ashwamedha Yatra started in North, the horses have been stopped in Karnataka. This verdict is to stop the Ashwamedha Yatra: HD Kuamaraswamy, JD(S)

I have been offered from both sides. I am not saying this loosely. There’s a black spot on my father’s career because of my decision to go with the BJP in 2004 & 2005. So God has given me opportunity to remove this black spot. So I am going with Congress: HD Kuamaraswamy, JD(S)

R Shankar (one with’tilak’ on the forehead), MLA from Karnataka Pragnyavantha Janatha Party (KPJP) seen with BJP delegation at Governor House in Bengaluru. #KarnatakaElectionResults2018

JD(S) MLAs are being offered Rs 100 crore each. Where is this black money coming from? They are supposedly the servers of poor people and they are offering money today. Where are the income tax officials?: HD Kumaraswamy, JD(S)

When it comes to proving the majority, party has to show numbers, we will do that for sure. I can’t speak openly but we will definitely prove the majority. It is BJP who was given the mandate by people: Bhagwanth Khuba, BJP

HD Kumaraswamy chosen as legislative party leader in a meeting of the JD(S) MLAs in Bengaluru.

The party has chosen me. I have given the letter to the Governor & he will call me, that is what I am hoping. He told me that he will take an appropriate decision. I’ll inform you after I receive letter from Governor: BS Yeddyurappa, BJP after meeting the Guv #KarnatakaElection

HD Kumaraswamy will be the CM & there’ll be a coalition govt. That is the only truth. People want him to be the CM. These kind of mechanistion will happen in a but the fact is that HD Kumaraswamy will be CM. We won’t be influenced by anyone: A Manjunath, JD(S)

66 out of the 78 MLAs reached for Congress legislative meeting at Karnataka Party Congress Committee office in Bengaluru.

We are all together All this is false news. In fact there are 6 BJP people, who are touch with us: MB Patil, Congress.

We have to protect the verdict of the people. They (BJP) are doing bad politics. We don’t have to stoop down to their level. We are 118 in number number, we don’t want anyone. No body has called me to the resort: NA Harris, Congress

JD(S)’ MLAs Raja Venkatappa Nayaka and Venkata Rao Nadagouda are missing from the JD(S) legislative party meeting which is going on in a hotel in Bengaluru.

JD(S) legislative party meeting begins in Bengaluru. #KarnatakaElections2018

Guv is obliged to call largest party, which is BJP. He should call BJP leader asking him if he can form govt. If he says he can’t, Guv will then call 2nd party & if he says he can form govt, Guv should give him time to prove majority: Mukul Rohatgi, former AG #KarnatakaElections

We have already decided to go with Congress. That’s the reason we called Janta Dal (Secular) Legislature Party meeting. There is no question of taking any other decision: HD Kumaraswamy, JD(S) #KarnatakaElections2018

People want BJP govt & we will make it. Anyone can create unnatural tensions, but people of Karnataka are with us. After meeting, we will take necessary steps. This attempt made by Congress to make a backdoor entry is not appreciated: Prakash Javadekar, Union Minister

During the legislature party meeting the leader will be elected. From there we will go to Raj Bhavan immediately. We will claim to form the govt. Most probably we will ask the Governor to give us time tomorrow: BS Yeddyurappa, BJP #KarnatakaElections2018

Bengaluru: Observers for Karnataka, Union Ministers Dharmendra Pradhan and JP Nadda & Union Minister Prakash Javadekar arrived at BJP office for legislative party meeting. Meeting to begin shortly. #KarnatakaElections2018

I don’t know what they (BJP) are offering but they are trying to call our people, but they are not responding. We are all together, no one can touch our party. Our party MLAs are loyal to the party: Saravana, JD(S) #KarnatakaElections2018

JD(S) has all the faith in their MLAs. Nobody is going to go away. Let BJP try, whatever they want to: Ghulam Nabi Azad, Congress. #KarnatakaElections2018

Bengaluru: JD(S) MLAs at the legislative party meeting, meeting to begin shortly. #KarnatakaElections2018

JD(S) & Congress have the numbers. I hope, the governor will discharge his constitutional duties & invite HD Kumaraswamy to talk. If BJP puts pressure on the governor, it will be the death of Democracy: Danish Ali, JD(S). #KarnatakaElections2018

We believe in all our MLAs. BJP is trying hard to get them. They don’t believe in democracy, BJP just wants power. All the people are happy, nobody is unhappy here: Ramalinga Reddy, Congress. #KarnatakaElections2018

All the Congress MLAs are intact. Nobody is missing. We are confident of forming the government: Siddaramaiah, Congress after reaching the Karnataka Pradesh Congress Committee (KPCC) office for party legislative meeting. #KarnatakaElections2018

They (BJP) are poaching our MLAs, we know that. Everyday there is a lot of pressure. But it not so easy because two parties have the necessary number. People are watching this: DK Shivakumar, Congress #KarnatakaElections2018

Yes definitely there is a plan. We have to safeguard our MLAs, We will let you know what is the plan: DK Shivakumar, Congress on being asked if Congress MLAs in Karnataka will be shifted somewhere else

The single largest party doesn’t have the numbers. BJP has 104, we (Congress & JDS) have 117. Governor cannot take sides. Can a person who is there to save constitution, destroy it too? The gov has to cut all its previous associations, be it BJP or RSS: Ghulam Nabi Azad, Congress

Political scenario will unfold in next 2-3 days. It depends on development in political parties. As of now, we aren’t approaching any individuals but politics is art of possibility: Basavaraj Bommai, BJP on being asked ‘How will BJP get no. to form govt’ #KarnatakaElections2018

I got a call from the BJP leaders. They said come to us & we’ll give a ministry to you. We’ll make you a minister. But, I’m going to stay here. HD Kumaraswamy is our Chief Minister: Amaregouda Linganagouda Patil Bayyapur, Congress. #KarnatakaElections2018

There is no doubt we will form govt, 100% we’ll do that. Wait and watch. Results came out only yesterday. It has been only a day. See what can happen in Karnataka in a day: KS Eshwarappa , BJP #KarnatakaElections2018

Bengaluru: All India Congress Committee General Secretary & MP, KC Venugopal and other Congress MLAs arriving at Karnataka Pradesh Congress Committee (KPCC) office for party legislative meting.

The Karnataka Assembly election results threw up an unexpected suspense, as a simple majority tantalisingly eluded BJP and the Congress quickly proclaimed support to third-placed JD(S) to keep the saffron party out of power.

Elections were held for 222 seats on May 12. Both sides rushed to meet Vala, their vehicles slowly cutting through the throngs of party workers and supporters assembled outside the Raj Bhavan gates, and staked claim to power. In a roller-coaster ride for BJP, it initially appeared that the party was set to return to power after a five-year hiatus with a resounding majority. But as all the trends became known, it appeared the party will fall a few seats short of the 112 needed to form the government.