Karnataka Election Results LIVE: SC Refuses to Stay Swearing-in, BSY's Letter to Guv Will Decide Fate of Plea

Sc deserves immeasurable kudos 4sitting 3+ half hrs frm 2am. Patient hearing par excellence. Tho no stay bench made swearing fully subject 2further orders. In a sense BSY’s oath is provisional. SC can change interim order tomm after seeing docs. Preponement of fl test also open.

— Abhishek Singhvi (@DrAMSinghvi) May 17, 2018

Congress’ Abhishek Manu Singhvi says in a tweet: SC deserves immeasurable kudos for sitting 3+ half hours from 2am. Patient hearing par excellence. Though no stay, bench made swearing fully subject to further orders. In a sense BSY’s oath is provisional. SC can change interim order tomorrow after seeing documents. Preponement of floor test also open (sic)

The Supreme Court today refused to stay BJP leader B S Yeddyurppa's swearing-in as Karnataka Chief Minister, paving the way for formation of his government after dramatic turn of events through the night inside and outside the courtroom that saw a rare post-midnight hearing continuing till the wee hours. Hours before the swearing-in ceremony, the apex court made it clear that the swearing-in and the government formation would be subject to the final outcome of the case before it.

Number of days to be given to Yeddyurappa to prove majority can be debated after two days: Mukul Rohatgi to SC.

The Supreme Court has said that it is necessary to peruse the letters dated May 15th and May 16th may between the Governor and BS Yeddyurappa. Court asks Congress to produce these alleged letters to prove the party's arguments.

No restraints on swearing-in this morning and BS Yeddyurappa is free to take oath as the Karnataka chief minister.

"It is necessary to peruse letters dated 15th and 16th May between the Governor and BS Yeddyurappa. This Court isn't staying in swearing in but this will be subject to outcome of the petition," says Supreme Court and fixes hearing at 10.30 am on Friday.

SC not to stay swearing in but will hear the #BattleForKarnataka again at 2 PM today. #BSYeddyurappa's letter to the Governor to be produced in the @SupremeCourt. @News18Courtroom

— Utkarsh Anand (@utkarsh_aanand) May 16, 2018

After starting to hear the joint petition by JDS and Congress around 2am on Thursday morning, the Supreme Court finally pronounced its order around 5.30am, hours before BS Yeddyurappa is scheduled to take oath of office as the Karnataka CM. The court refuses to stay the swearing-in after hearing arguments and counter-arguments for over 3 hours in the rare midnight hearing.

SC REFUSES STAY | SC refuses to stay swearing-in of BS Yeddyuppa as the Karnataka Chief Minister. BSY's letter to the Governor allegedly seeking 7 days to prove majority to be produced in the court.

All arguments on the JDS-Congress joint petition against Karnataka Governor's invitation to BS Yeddyurappa to form the govt has been concluded in the Supreme Court. An order by the 3-judge Supreme Court bench is expected any time now.

Chaotic scenes and media presence outside the Supreme Court post midnight. (Image: PTI)

Congress’ Abhishek Manu Singhvi starts again with his insistence that the governor's action can be stayed. If not, at least the swearing in can be stayed till 4:30pm today.

The Supreme Court tonight said it was not in favour of deferring BJP leader B S Yeddyurappa's swearing-in as Karnataka Chief Minister, even as the Congress and JD (S) continued their past-midnight legal push to stall the government formation in the state. The bench was of the view that since Yeddyurappa has not made his appearance through an advocate before it, a notice has to be issued to him.

Arguments in the Supreme Court are likely to conclude soon. Order expected shortly.

The youth wing of the Congress staged a protest outside Parliament House against the Centre and the decision of the Karnataka Governor to invite BS Yeddyurappa for government formation. (Image: Tanushree Pandey/CNN-News18)

Mukul Rohatgi: Congress cannot not cite the Goa judgment since it never staked a claim to form the the govt there. Whether BSY should be given 10 days or 15 days can be decided in a couple of days. It never had to be decided at a pre-dawn hearing. Rohatgi concludes his arguments.

"It's a sincere effort by the Congress party to uphold the mandate of the Constitution. The process that they (BJP) are adopting is illegal and it's bad in law," says E Hashmi, Cong-JD(S) Lawyer:

#BattleForKarnataka-- It's a sincere effort by Congress party to uphold the mandate of the Constitution. The process that they (BJP) are adopting is illegal and it's bad in law: E Hashmi, Cong-JD(S) Lawyer to CNN-News18's @TanushreePande

LIVE UPDATES: https://t.co/gXlNNF9PNS pic.twitter.com/apq8D4DtuF

— News18 (@CNNnews18) May 16, 2018

"Powers and actions of Governor are protected by article 361 of the Constitution of India. And he is not answerable for his actions, constitutional demands. It has never happened in this country that a swearing-in ceremony deferred on absurd arguments," says BJP lawyer:

Powers & actions of Guv are protected by article 361 of the Constitution of India. And he is not answerable for his actions, constitutional demands. It has never happened in this country that a swearing-in ceremony deferred on absurd arguments: BJP lawyer to @TanushreePande pic.twitter.com/BCDuvgypPN

— News18 (@CNNnews18) May 16, 2018

"Whether BSY should be given 10 days or 15 can be decided in a couple of days. It never had to be decided at a pre-dawn hearing. Congress cannot cite the Goa judgment since it never staked a claim to form the government there," says Mukul Rohatgi as he concludes his statements.

It is still not over for Congress and JDS. With Abhishek Manu Singhvi persisting, the Supreme Court has agreed to hear the arguments further. Mukul Rohatgi resumes his submissions.

"What will happen if the court waits till 4:30 pm tomorrow for swearing in? Let him (Yeddyurappa) bring the letter (which talks of majority support to BJP), if he is right, he gets what he wants but if we are right... this court can decide," pleads Abhishek Manu Singhvi.

Supreme Court has said that they do not intend to stay the swearing in of BJP's BS Yeddyurappa. The Karnataka CM candidate is set to be sworn in at 9 am in Bengaluru today. "We will issue notices to all the parties and say swearing in will be subject to the outcome of the petition," says SC. The case will be heard later and formation of government will depend on court's final decision. There has been no decision on the 15-day time given to the Yeddyurappa to muster up the numbers.

CNN-News18 Legal Editor Utkarsh Anand reporting from inside the Supreme Court.

Rohatgi points out that a notice by the #SupremeCourt to the #Governor in #Arunachal case was recalled on acknowledging the principle that he can't be issued a notice. "He can't be made a party nor summoned. And in this case, he was only asked to give a document", says Rohatgi. https://t.co/CVij06qXMd

— Utkarsh Anand (@utkarsh_aanand) May 16, 2018

"I am not asking for adjourning the petition by Congress & JD(S). I am saying dismiss the petition. Governor can't be restrained from performing his constitutional function by an interim order. SC may reverse the order and hold it bad but it can't be injuncted. You cannot call a Governor to court. You can't ask him to file an affidavit or appear in court. The Centre has to defend him because he cannot defend himself. In this country, there is no authority whose order can't be challenged. A Governor will be a Badshah if his actions can't be challenged. I am saying his actions are amenable but he can't be stopped," argues Mukul Rohatgi.

"Curtailing 15 days to 7-10 days for the floor test didn't have to be debated today and certainly not at 4 am," said Mukul Rohatgi. To which Justice Bobde retorted, "What can be done tomorrow, we can do today as well. It has nothing to do with 4 am."

"When the other side has given a letter of support signed by the members from Congress and JD(S), on what basis the BJP can say it has the majority? Arithmetic defies how this can happen," Supreme Court asks Attorney General KK Venugopal. The apex court also questioned why 15 days was needed for the same. Court adds it is examining the actions of the Governor and not the Governor himself. AG, representing the Central government, opposes any stay of oath taking ceremony. Says floor test will prove everything.

"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.

"Are heavens falling? I got a call while I was asleep. Some two MLAs saw it on TV and called me. Is this a Yakub Memon-type situation? It should have never been heard at midnight," said senior lawyer Mukul Rohatgi.

Abhishek Manu Singhvi has concluded his arguments in the Congress-JD(S) petition after around 90 minutes. Attorney General KK Venugopal has commenced his submissions, saying the whole case is based upon speculations. Meanwhile, Justice Bobde has said, "We do not know what kind of majority BS Yeddyurappa has claimed. Unless we see that letter of support, we cannot speculate."