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The Supreme Court , on Friday, 18 May, ordered a floor test in the Karnataka Assembly at 4 pm tomorrow, drastically slashing the 15-day window given by the governor to BJP Chief Minister B S Yeddyurappa to prove majority.
"Let the House decide and the best course would be floor test," a three-judge bench headed by Justice A K Sikri said.
The bench, also comprising Justices S A Bobde and Ashok Bhushan, turned down Yeddyurappa's request for a secret ballot during the floor test.
Read the SC Order on the Floor Test Here:
It directed the Karnataka government and the Governor not to nominate any MLA from the Anglo-Indian community to participate in the floor test tomorrow.
The bench asked the newly-elected government not to take any major policy decision till it proves majority in the House.
The apex court made it clear that it would deal with the constitutionality of the Governor's letter inviting Yeddyurappa to form the government later.
The top court said the pro tem speaker will take decisions in accordance with the law on the issue of floor test and ordered the authorities, including the Director General of Police, to ensure law and order outside the Karnataka Assembly.
The bench said ultimately the question is about majority which has to be proved in the floor test.
The apex court was hearing a petition moved by the Congress-JDS combine challenging the governor's decision to invite the BJP to form government.
The BJP has emerged as the single largest party with 104 seats, followed by the Congress with 78, and JD(S) with 37 seats. Three seats have gone to others in the 224-member Assembly where elections were held for 222 seats.
The “Magic Number” is 112 seats and the post-poll alliance strength of the Congress-JD(S) combine, which claims to have 117 MLAs, has alleged foul play as the governor invited BJP to form the government.
Governor Vajubhai Vala appointed K G Bopaiah as the pro tem speaker of the Karnataka Assembly for administering oath to newly elected MLAs and conducting the Supreme Court-ordered floor test tomorrow, a decision denounced by the Congress.
Bopaiah, an old RSS hand, was administered the oath as pro tem speaker by Vala.
Bopaiah who was the speaker of the Assembly between 2009 and 2013, was rapped by the Supreme Court for being partisan during the vote of confidence in 2010.
Raising questions over Vala's move, Congress' chief spokesperson Randeep Singh Surjewala said that the governor should have had appointed the most senior MLA from the current assembly as the pro tem speaker as per constitutional conventions. According to the Congress, its eight-time MLA R V Deshpande is the most senior lawmaker in the Assembly.
Less than six hours before the scheduled Karnataka Assembly floor test, the Supreme Court will hear a plea against the pro tem speaker appointed to conduct it, at 10:30 AM on Saturday.
The plea, filed by the Congress-JD(S) alliance, challenges BJP MLA KG Bopaiah’s appointment as the pro tem speaker in the Karnataka Assembly. The governor had sworn-in KG Bopaiah as the pro tem speaker, going against the convention of the most senior MLA being appointed to the post.
Meanwhile, the Karnataka Congress has leveled allegations of bribery and horse-trading against the BJP. The Karnataka Congress has released an audio clip, where Janardhan Reddy is heard making an offer of money to a Congress MLA.
Section 144 has been imposed in Mangalore as a precautionary measure, ahead of the Karnataka Assembly floor test on Saturday, 19 May, reported ANI.
JD(S) leader H D Kumaraswamy on Friday, 18 May, alleged that two of his MLAs were "hijacked" by the BJP from Bengaluru, but expressed hope that they would join his camp on Friday morning.
Speaking to reporters in Bengaluru, he claimed that the BJP has been trying to "purchase" his MLAs by offering several incentives.
"The BJP has no strength to form the government. The confidence vote to be held tomorrow will be defeated by the Congress and the JD(S) combine.
The Karnataka police have reportedly tightened security around Vidhana Soudha, to ensure that the trust vote faced by the B S Yeddyurappa-led BJP government in the Assembly is conducted without any law and order disruption.
Only to MLAs, employees of the legislature and the media are allowed to enter the premises, reported The Indian Express.
Two buses carrying Congress MLAs arrived at Hotel Hilton in Bengaluru in anticipation of the Karnataka Assembly floor test scheduled to take place at 4 pm on Saturday, 19 May.
With less than eight hours left for the floor test, leader of the Opposition in the Rajya Sabha and senior Congress leader Ghulam Nabi Azad said that the BJP lacks the required majority to prove their majority in the Karnataka Assembly.
Congress leader Mallikarjun Kharge echoed Azad’s sentiment, stating that the BJP lacked the required numbers for a majority.
The newly sworn-in chief minister arrives at the Shangri-La hotel for the party legislature meet ahead of leaving for the Karnataka Assembly.
BS Yeddyurappa maintained that he has an absolute majority, with BJP leader Ananth Kumar Hegde adding that the JD(S) and Congress entered into an “unholy alliance” and that “people are going to reject them.”
Meanwhile, the Karnataka Assembly saw heightened security deployment ahead of the floor test.
Counsel for the JDS-Congress combine, Abhishek Manu Singhvi, leaves for the Supreme Court ahead of the hearing of the plea against the appointment of BJP MLA KG Bopaiah as pro tem speaker to conduct the floor test in the Karnataka Assembly.
Former chief minister Siddaramaiah arrives at the Assembly ahead of the floor test on 19 May.
A bus carrying BJP MLAs reaches Shangri-La hotel in Bengaluru for the party legislature meeting with BS Yeddyurappa before the floor test.
Meanwhile, JD(S)’s HD Kumaraswamy said he is confident of defeating Yeddyurappa on the floor of the Assembly.
Judges AK Sikri, SA Bobde Senior lawyer Kapil Sibal and counsel for the JDS-Congress combine, Abhishek Manu Singhvi take the front row. Attorney General K K Venugopal, Mukul Rohatgi and Tushar Mehta sit on the other side.
Kapil Sibal begins submissions to the bench. Sibal uses examples from India and Commonwealth to assert the convention that the most senior member of the House must be made pro tem speaker.
Kapil Sibal, places examples from India and the Commonwealth before the bench to assert the convention that the most senior member of the House must be made pro tem speaker. Sibal adds that they had already written to the Governor noting this convention. Governor's discretion should be exercised in light of this.
Mukul Rohatgi and Tushar Mehta, for the BJP, chip in to say that there are a number of exceptions to this rule.
JD(S)-Congress combine's counsel, Abhishek Singhvi rebuts exceptions cited by Rohatgi, says that those instances were where someone was more senior in terms of the number of terms served.
Sibal further explains why they have a problem with Bopaiah’s appointment as pro tem speaker, relying on the Supreme Court's judgment against him in 2011.
Sibal quotes from the judgment, highlighting all the passages where the SC criticised Bopaiah, calling him partisan, and saying his actions weren't bona fide. He adds that if the SC hadn't found Bopaiah's actions mala fide, they wouldn't have appeared here.
Justice Bobde says that if aspersions are being cast on the pro tem speaker, they have to give him a chance to respond, but that would delay the trust vote.
The judges state that since the floor test will be broadcast live, the prayers in the application need not to be gone into. Singhvi and Sibal agree to the terms, adding that no other item must be on the agenda for today.
Adding the requirement to the order, the bench agrees and disposes off application.
The SC’s order comes amid vehement protest by BJP counsel Mukul Rohatgi, who states that the whole thing is “political posturing.”
After the hearing, BJP counsel Mukul Rohatgi said, “The SC heard the pleas of the Congress, all their pleas have been rejected. The desperate attempts of Congress to remove him from post have failed. I think they are scared & did not even want a floor test in the first place.”
Even as the drama wound down in the Supreme Court over the appointment of KG Bopaiah as pro tem speaker, the spotlight shifted to the Karnataka Assembly, where former Chief Minister Siddaramaiah, and newly sworn-in CM BS Yeddyurappa took oath as MLAs ahead of the floor test.
Meanwhile, two Congress MLAs, Pratap Gouda Patil and Anand Singh, are yet to arrive at the Karnataka Assembly to be sworn in.
Senior Congress leader BK Hariprasad demanded that a division vote be conducted in the floor test, adding that they have no faith in a voice vote.
Additionally, Congress MLA Pratap Gouda failed to appear and be sworn-in after his name was called out in the Assembly.
Counsels for the Congress-JD(S) combine, Abhishek Manu Singhvi and Kapil Sibal, address the media after the SC direction on the appointment of KG Bopaiah as pro tem speaker for the floor test.
The Quint’s legal correspondent Vakasha Sachdev, who was at the scene, added:
ANI, quoting sources, reported that BJP MLA G Somasekhar Reddy was “with the ‘two missing Congress MLAs’”. The Congress also levelled other allegations of horse-trading against the BJP.
Additionally the Karnataka Congress had also retweeted an audio clip, allegedly of BS Yeddyurappa trying to bribe a Congress MLA. The veracity of the audio cannot be independently verified.
HD Kumaraswamy, the Congress-JD(S) Combine’s chief ministerial candidate, as well as former Karnataka energy minister DK Shivakumar took oath ahead of the floor test.
ANI reported that security had been tightened outside Goldfinch Hotel in Bengaluru, with increased police deployment, where the two 'missing' Congress MLAs are reportedly holed up.
Reports from CNN News-18 and India Today claimed that BS Yeddyurappa was likely to resign from the post before the floor test, if the BJP’s assessment told him that he wouldn’t receive the majority vote.
In a sudden development, one of the MLAs who was ‘missing’, Pratap Gouda Patil, appeared at the Vidhan Soudha. Former Karnataka energy minister DK Shivakumar said that both ‘missing’ MLAs were with them, and that BS Yeddyurappa should resign on his own.
In view of all the allegations of bribery against BJP members, former Karnataka CM Siddaramaiah took a jibe at PM Modi on Twitter, “PM @narendramodi never tires of lecturing the nation on corruption. Does he have the moral courage to advice BJP Karnataka & BS Yeddyurappa to stop these attempts to bribe MLAs, and allow the formation of a stable coalition government in the interest of Karnataka?”
Somashekara Reddy, BJP MLA and brother of G Janardhana Reddy, who was accused of bribing a Congress MLA, Basanagouda Daddala said, “I was with my brother at Taj West End. Nobody was in my contact. I don't even know who are they, Anand Singh and Pratap Gowda Patil (Congress MLAs). I did not even go to Goldfinch Hotel.”
Congress leaders Ghulam Nabi Azad, Ashok Gehlot, Mallikarjun Kharge with BJP leaders Ananth Kumar and Shobha Karandlaje are present in the Assembly.
Congress MLAs Anand Singh and Pratap Gowda Patil, who were said to be missing, take oath as MLAs in Karnataka's Vidhana Soudha.
Current Chief Minsiter BS Yeddyurappa said in assembly, “People have blessed us with 104 seats. The mandate wasn't for Congress or JD(S).”
He said, “I have travelled throughout the state for the last two years and have seen pain on the faces of people. I can't forget the love and affection I received from people.
He also said, "I have worked for the farmers of the state. The Congress did nothing in that regard."
The three-day-old B S Yeddyurappa government in Karnataka collapsed with the chief minister offering his resignation without facing the trust vote.
After an emotional speech thanking his voters, Yeddyurappa told the assembly:
His resignation will pave the way for formation of a government led by JD(S) state chief H D Kumaraswamy, backed by Congress. The newly formed alliance has claimed support of 117 MLAs in the 224-member House with an effective strength of 221.
Polling for two seats was not held due to various reasons, while Kumaraswamy won from two places.
Later, talking to reporters outside the assembly, JD(S) CM candidate HD Kumaraswamy said, “We are waiting for an invitation from the governor's house.”
State in-charge Ghulam Nabi Azad said, “We would like to congratulate the MLAs of Congress, JD(S), Independent as well as the BSP who resisted all sorts of temptations and arm-twisting by Central govt. They stood by the party principles and decision taken by the party leadership.”
Launching an attack on the BJP, Congress President Rahul Gandhi said, “The Prime Minister must stop thinking that he is bigger than the country’s institutions.”
BJP’s Ananth Kumar responded to Gandhi’s remark and said, “What is he saying about PM Modi? This is the PM who has provided a scam-less govt. If he puts such an allegation, the people will say he has lost his mind.”
Victory of the 'Regional' Front: Mamata
This is a Big Blow for BJP: Mayawati
BSP chief Mayawati addressed a press conference and said, “This is a big blow for them (BJP) and I think what they had been planning all along for 2019 has failed. They will now have to rethink and alter their strategies.”
SC Has Saved Democracy in Karnataka: MK Stalin
BJP's BS Yeddyurappa submits resignation as chief minister of Karnataka to Governor Vajubhai Vala.
Former BJP leader Yashwant Sinha in a tweet called for the resignation of Governor Vajubhai Vala and said the state "shows there is still some morality left in politics but not in the BJP”.
BJP’s Prakash Javadekar addressed a press briefing and said, “Congress does not respect institutions and this statement is just an evidence of that. Is this how they show respect towards the post of the governor?”
West Bengal CM and TMC chief Mamata Banerjee tweeted saying she has been invited for the oath-taking ceremony on Monday.
JD(S)'s HD Kumaraswamy will meet Governer Vajubhai Vala at 7.30 pm, to stake claim for forming the government.
JD(S)'s HD Kumaraswamy reaches Raj Bhavan to meet Governor Vajubhai Vala, to stake claim for forming the government.
HD Kumaraswamy after meeting Governor Vajubhai Vala told reporters outside Raj Bhavan, “Governor has invited me to form government. Oath ceremony (as Chief Minister) to be held on Monday between 12 noon-1 pm at Kanteerava stadium.”
Speaking to reporters after meeting Vala, he said the Governor has directed him to prove the majority on the floor of the House in 15 days but he would do it much before.
The third son of former Prime Minister H D Deve Gowda had earlier headed the BJP-JD(S) coalition government for twenty months from January 2006.
Kumaraswamy said West Bengal Chief Minister Mamata Banerjee, BSP chief Mayawati, SP chief Akhilesh Yadav, Andhra Pradesh Chief Minister Chandrababu Naidu, Telangana Chief Minister Chandrashekar Rao and several other regional leaders would be invited for the swearing-in ceremony.
He thanked UPA chief Sonia Gandhi, Congress President Rahul Gandhi, Mayawati, Congress leaders like Ghulam Nabi Azad, Ashok Gehlot, K C Venugopal, former chief minister Siddaramaiah and KPCC chief Parameshwara and also workers and legislators of both Congress and JD(S) for their support.
Kumaraswamy said modalities relating to government formation and number of ministers, who will be taking oath, would be discussed tonight under the leadership of Ghulam Nabi Azad, and made public tomorrow.
He said the Congress and JD(S) would form a coordination committee on how to run a stable government and have mutual understanding so that it completes its full term.
Asked by when he will prove majority, Kumaraswamy said "As soon as possible we will call the assembly session to prove majority.... though Governor has given 15 days, we will not require that much time."
Karnataka CM designate HD Kumaraswamy will take oath on Wednesday, 23 May, as opposed to the previous announcement of Monday.
JD(S) national secretary general told ANI that Kumaraswamy will take oath on Wednesday instead of Monday.
Media reports, quoting sources, claimed that the newly-formed Cabinet could include 20 MLAs from JD(S) and 13 from the Congress.
HD Kumaraswamy, the chief minister designate from the Congress-JD(S) alliance, said he will meet Congress president Rahul Gandhi and Sonia Gandhi on Monday, 21 May.
Speaking on the Cabinet formation, senior Congress leader Mallikarjun Kharge said the party high command will take a decision on the issue. He, however, urged for a ‘give and take’ equation in the alliance.
BS Yeddyurappa held a meeting at the BJP’s state headquarters in Bengaluru on Sunday, 20 May, with the MLAs who lost the elections, in a bid to “boost their morale.”
JD(S) chief HD Kumaraswamy told NDTV on Sunday, 20 May, that there will be no rotational chief ministership arrangement with the Congress in Karnataka.
Speaking to the media on Sunday, JD(S) leader HD Kumaraswamy said that he would be visiting Delhi on Monday to meet Sonia Gandhi and Rahul Gandhi.
Karnataka’s CM designate HD Kumaraswamy was ‘mobbed’ by his own party’s workers at the Le Meridien hotel in Bengaluru, as they tried to take selfies with him.
As CM-designate Kumaraswamy visits Delhi on Monday to discuss government formation with Sonia Gandhi and Rahul Gandhi, an NDTV report, citing Karnataka Congress president G Parameshwara, suggests that the state might have two deputy chief ministers.
Moreover, like Yeddyurappa, Kumaraswamy might be the only one to take oath on Wednesday, Congress leader DK Shivakumar told NDTV.
The trust vote may happen on Thursday, the report further said.
On Sunday, May 20, the empty cases of eight Voter Verifiable Paper Audit Trails (VVPATs) were seized from a labourer’s house in Vijayapura, Karnataka. No machines were found, according to reports. The labourers were using the covers as boxes to store their clothes.
The police has said that a case has been registered and an investigation will be conducted.
BJP leader Ram Madhav called Congress the “most corrupt party”, which is evident in their “unethical deal” with JD(S) in Karnataka, reported ANI. Alleging that Congress’ whole history is full of corruption, he said that there has not been one genuine charge against the BJP in the past four years.
He also said that they had made no mistake in seeking to form the government in Karnataka, since it is a democratic practice that the single largest party is given the opportunity to do so. “It is a different matter that we weren't able to muster required numbers”, he added.
He went on to say that since the “mandate was against the Congress”, they had hoped that JD(S) would keep it in mind and act appropriately. “But that wasn't the case. There was a tacit deal between Cong & JD(S) that led to a situation were we had to relinquish”, he said.
A day after the three-day old BJP government in Karnataka collapsed, JD(S) chief HD Kumaraswamy told a media house on Sunday, 20 May, that there will be no rotational chief ministership arrangement with the Congress in the state.
Kumaraswamy will be holding discussions with Sonia and Rahul Gandhi on Monday on “how to have a stable government”.
On Saturday, BS Yeddyurappa stepped down as CM minutes before he was to face a floor test to prove his majority in the hung Assembly. Following this, the JD(S)-Congress combine, led by Kumaraswamy, was invited to form the government.
From Ground Zero:
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Published: 18 May 2018,10:58 PM IST