Even as Karnataka Assembly is all set for the floor test at 4 pm on Saturday, the Supreme Court will hear another petition in the morning filed by the Congress-JD(S) combine challenging the appointment of BJP MLA K.G. Bopaiah as the pro-tem Speaker.
The three-judge bench headed by Justice A.K. Sikri, which ordered the floor test, will start hearing the plea at 10.30 am.
In their application, the combine has demanded setting aside of the decision of Governor Vajubhai Vala to appoint Bopaiah as the pro-tem Speaker saying it was contrary to the tradition, as per which the post goes to the senior-most legislator.
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Alleging "a shocking disregard to binding parliamentary convention and long standing parliamentary practice of appointing the senior most member of the House", the Congress-JD(S) combine said the governor appointed "a relatively junior member of the House. ... This is in the face of the admitted fact that the senior most MLA is currently serving his 8th tenure but has been overlooked."
Meanwhile, the Congress alleged that Governor Vala's decision to appoint Bopaiah as pro-tem Speaker was aimed at manipulating the results of the trust vote. The party also pointed out the “dubious and controversial” record of Bopaiah, in an apparent reference to the floor test which Yeddyurappa won in 2010.
In 2010, Bopaiah, in a controversial decision, disqualified five independent and 11 BJP MLAs who rebelled against Yeddyurappa after he was charged in a mining scam. The Speaker's order helped the BJP government sail through the floor test. His decision was later cancelled by the Supreme Court.
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.
Earlier, 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.