Karnataka: Major setback to Yeddyurappa as SC orders floor test tomorrow

In a major setback to the Bharatiya Janata Party and the newly formed Karnataka government under B.S. Yeddyurappa, the Supreme Court on Friday ordered a floor test in the state assembly on Saturday at 4 pm. The saffron party had earlier been given 15 days to prove majority in the house by Governor Vajubhai Vala.

The apex court bench, comprising Justices A.K. Sikri, S.A. Bobde and Ashok Bhushan, also barred Yeddyurappa from taking any major decision in his capacity as the chief minister before the floor test. It also said that the Anglo-Indian MLA cannot be nominated to the assembly before the floor test.

The order came on a petition filed by a group of Congress and JD(S) lawmakers after the governor invited BJP, the single largest party, to form government in the state.

Earlier, while hearing the plea, the top court observed that as Yeddyurappa has claimed support and the BJP is the single largest party, there could be two probabilities—whether the governor's decision has to be reviewd under law or a floor test has to be held on Saturday.

"Only alternative is a floor test for tomorrow (Saturday), we can’t give more time," Justice Sikri said.

"It’s just the number game, who enjoys the majority should be invited to form the government," he said.

Abhishek Manu Singhvi, who appeared for the Congress-JD(S), has submitted to the court that they are ready for floor test on Saturday. 

"Yeddyurappa claimed support, but he does not have letters of support from these MLAs or it is only his oral submissions," Singhvi told the court

He also sought proper security for Congress and JD(S) MLAs during the floor test to be conducted on Saturday.

However, Mukul Rohatgi, who appeared for the government, opposed the suggestion for an immediate floor test and required more time to prove majority in the house.

Post poll power tussle

The top court had on Thursday cleared the last-minute hurdle created by the Congress-JD(S) combine for the BJP's ambitious surge in south India, by refusing to issue a stay order on the swearing in of Yeddyurappa as the chief minister.

Yeddyurappa took oath as the 23rd chief minister of Karnataka on Thursday, hours after the apex court order which came after a rare overnight hearing. 

Governor had invited BJP to form government in the state, though the saffron party, with 105 MLAs (including one Independent MLA), is seven short of the halfway mark of 112. Vala had directed BJP to prove majority on the floor of the house within 15 days.

"SC has delivered a historic verdict, many important directions have been given, one of them being that floor test has to be conducted at 4 pm tomorrow under a pro-tem speaker," Singhvi later said while talking to media on Friday.

Supreme Court also directed that oath should be administered to all MLAs before the floor test on Saturday, he said.

Surprise alliance

In a clear attempt to keep the BJP out of power, the Congress had extended an unconditional support to the JD(S), which bagged 37 seats, even before three-fourth of the results were announced on Tuesday. Congress managed to win 78 out of the 222 seats to which elections were held on May 12.

On Thursday, Congress and JD(S) MLAs staged protest outside the Vidhana Soudha in Bengaluru as Yeddyurappa took oath as the chief minister. The two parties were also planning a massive agitation to protest against the governor's decision.

The two parties have shifted their MLAs out of Bengaluru to multiple resorts in Hyderabad to prevent possible defection to the BJP. The lawmakers, who were earlier lodged at Eagleton resort on the outskirts of Bengaluru, reached the Telangana capital by road on Friday morning. 

Meanwhile, upset over the governor's decision to invite the single largest party to form government in Karnataka, despite it lacking numbers, the Congress had decided to stake claim to form government in states like Goa and Manipur where it had emerged as the single largest party.