Our Correspondent / New Delhi

Supreme Court today refused to stay the swearing-in of BJP leader BS Yeddyurappa as Chief Minister of Karnataka. The rare post-midnight sitting of the court took place after the Congress and ally JD(S) challenged Governor Vajubhai Vala’s decision to invite the BJP to form government despite the strength of alliance numbers.

The BJP has 105 seats in comparison to the 117 lawmakers of the alliance in the 224-member assembly. Mr Yeddyurappa has 15 days to prove his majority.

A 3-judge bench, comprising justices AK Sikri, SA Bobde and Ashok Bhushan, however, made it clear that the swearing-in and the government formation will be subject to the final outcome of the case before it.

The apex court was hearing a petition early this morning filed by Congress and JD(S) challenging the governor’s decision to invite Mr Yeddyurappa to form a new government in the state.

In a petition filed by the two parties late last night, they sought to stay the swearing-in of Mr Yeddyurappa.

Supreme Court also directed that the letter sent by the BJP to the governor for forming the government be placed before it.

The apex court also issued notices to the Karnataka government and Mr Yeddyurappa and posted the matter for further hearing tomorrow.