After another day of intense political drama in Bengaluru, the action shifted to New Delhi late Wednesday night as the Congress and JD(S) moved the Supreme Court in a bid to stop B S Yeddyurappa, leader of the 104-strong BJP in the Karnataka assembly, from being sworn in as chief minister at 9am today. The 11th-hour legal manoeuvre by the newly minted alliance came after governor
Vajubhai Vala invited
Yeddyurappa to take oath as CM and gave him 15 days to prove his majority, a decision that instantly triggered a raging controversy because it is seen to give the BJP ample time to entice Congress and JD (S) MLAs-elect to switch sides.
SC officials gathered at the CJI’s residence and went through the petition. There was only one previous instance of the SC agreeing to a late night hearing — when a three-judge bench was set up to hear a plea seeking postponement of the death sentence awarded to Mumbai blasts convict Yakub Memon. One of the judges on that bench, Justice Dipak Misra, now the CJI, set up another three-judge bench of Justices A K Sikri, S A Bobde and Ashok Bhushan to consider the Congress-JD(S) petition. It was announced that the hearing would begin at 1.45am.
The hearing was still on at the time of going to press and it was unclear whether Congress-JD(S) would get the relief they seek. Their arguments revolve around stating that BJP has presented no evidence that it can get the additional eight MLAs it needs to reach the majority mark and the invitation to Yeddyurappa would ensure horse trading.
Congress was represented by
Abhishek Manu Singhvi, BJP by former attorneygeneral Mukul Rohatgi and the Centre (read governor) by additional solicitor general Tushar Mehta.
Rohatgi and Mehta were expected to argue that the discretion of the governor cannot be challenged and there were sufficient precedents to support his decision.
Appealed only for conscience vote: BJP
In case the low-key swearingin ceremony goes ahead at Raj Bhavan, it is likely to be skipped by both Prime Minister Narendra Modi and BJP chief Amit Shah. Vala ignored the Congress-JD(S) combine’s claim that their chief ministerial nominee
H D Kumaraswamy be given the first opportunity to form the government as the two parties with 116 MLAs between them enjoy a clear majority in the House, which has an effective strength of 222.
Though the decision of the governor, who served as a minister in the BJP government in Gujarat before taking up the constitutional office, was along anticipated lines, it attracted a furious response from Congress and JD(S), which accused him of shaming the Constitution. The two parties rushed to CJI Dipak Misra in the night to secure a “stay” order. They also sought a direction from the court to the governor to invite Kumaraswamy to form the government.
Seeking quashing of the governor’s decision, joint petitioners KPCC chief G Parmeshwara and JD(S) president Kumaraswamy said, “Failure of the governor to invite Congress-JD(S)-BSP alliance which together commands a clear majority of 116 legislators in the assembly is ex facie unconstitutional, illegal and arbitrary.”
Besides privileging Yeddyurappa over Kumaraswamy on the ground that BJP finished as the single largest party, the governor was also attacked for giving Yeddyurappa a fortnight to secure a vote of confidence from the assembly, with Congress alleging that the window would be used to manufacture a mandate. “Fifteen days will be used to turn 104 into 111,” former finance minister P Chidambaram said.
Earlier in the day, Kumaraswamy alleged that BJP had offered bribes of Rs 100 crore and a ministerial berth each to JD(S) MLAs to rustle up numbers. Congress also accused BJP of indulging in “horse trading” and spirited its MLAs away to a “safe house” resort in Bidadi, about 30 km south of Bengaluru, to ward off the risk of temptations trumping party loyalty. JD(S) also secured its MLAs at a five-star hotel close to Raj Bhavan.
Independent MLA R Shankar symbolised the tussle for MLAs. The lawmaker was found at Yeddyurappa’s house in the morning. By evening, he was back with the Congress-JD(S) combine and accompanied them to Raj Bhavan. Shankar, a Kuruba like outgoing CM Siddaramaiah, later said he believed the best interests of his constituents would be served by him being with the Congress.
BJP denied the “horse trading” charge and was upfront in acknowledging that it had appealed to MLAs of rival parties to exercise a “conscience vote” — shorthand for a call to defy whips issued by Congress and JD(S).
According to BJP sources, they have already identified MLAs from Congress and JD (S) who can be persuaded to “heed their conscience”. The exercise is focused on Lingayat MLAs belonging to Congress and JD(S) from north Karnataka who, the calculation goes, will have trouble accepting the leadership of Kumaraswamy, a Vokkaliga, and will, instead, prefer to support Yeddyurappa since he is from their community.
The sources admitted that organising the required numbers may not be easy, but hoped to accomplish the “challenge” because of what they called unrest among MLAs of both Congress and JD(S) over the “unnatural alliance” between the two parties.
Congress circles asserted that they would successfully fend of BJP’s efforts to take away their MLAs. “We are vigilant and capable leaders like D K Shivakumar have been given the job to protect the flock. Also, most of our MLAs won against BJP in a bitter battle and will be loath to cross over to the rival camp,” said a senior party leader in Delhi. However, he acknowledged that half a dozen JD(S) MLAs aligned with Kumarswamy’s estranged sibling Revanna could be vulnerable to “generous” offers from BJP. Congress was also not sure whether the lone BSP MLA would be steadfast in his support to the non-BJP camp.