May 20, 2018

Highlights of Supreme Court Karnataka order

18 May 2018, 03:51 | Taylor George

Black Spot On My Father's Career Because Of My Decision To Go With The BJP In 2004: HD Kumaraswamy

JD leader HD Kumaraswamy

The Congress has dramatically backed the JD (S) for chief ministership and both parties are likely to parade their MLAs before Governor Vajubhai Vala today morning.

The Congress and the JDS, which formed a hurriedly stitched post-poll alliance after a hung assembly verdict to claim a majority of 116 members in the new assembly, called the Governor's decision "unconstitutional".

Goel and Dwivedi were of a similar view that the top court could direct that the floor test be conducted in the presence of an observer, as was done in Uttarkhand in May 2016. The halfway mark then is 111, with a party needing 112 seats for a simple majority.

Polling trends varied from region to region, some of these serving as a pointer to the mismatch between votes polled and seats won.

Senior BJP leaders Suresh Kumar and K S Eshwarappa also said they were confident the party would form the government.

Right after being sworn-in as the 23rd Chief Minister of Karnataka, BS Yeddyurappa on Thursday announced that his government will be waiving off all farm loans up to Rs 1 lakh for farmers in the state. Only way out is to bring Congress and JD (S) MLAs with them, either by using muscle power or buying MLAs.

Singhvi has raised the issue of Goa and how Congress was deprived to form the government in Goa despite being single largest party.

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But after the invitation, the head of the invited party must show he or she has the support of a majority of the legislature's lower house.

If the BJP goes ahead and forms the regional government in Karnataka, the opposition Congress party will rule just two of India's 29 states and one union territory.

"It is the 6th state where they (BJP) are trying to break Congress MLAs, but they will not succeed", he said.

To this, the Justices Sikri, Bobde and Bhushan said they were wondering whether the Supreme Court can restrain a Governor that might lead to constitutional vacuum in a state. The constitution bench of the Supreme Court has given its ruling a few times on who the Governor can invite to form government in a state. The apex court passed the order despite former Attorney General Mukul Rohatgi, who appeared for the BJP, argued that the time Yeddyurappa should be given to prove majority could be debated after two days. The BJP increased its tally by 65 seats.

"The scope of judicial review would be on the same or similar grounds on which the executive action of the State is challengeable under constitutional or administrative law principles evolved by this Court, namely, non-compliance with the requirements of natural justice, irrational or arbitrary, perverse, irrelevant to the goal or extraneous grounds weighed with the President, misdirection in law or mala fide or colourable exercise of power, on all or some of the principles".

Since the Congress and JD (S) did not have a pre-poll alliance, it remains to be seen if the Governor invites Kumaraswamy to form the government. Indeed we were all invited to applaud as Bharatiya Janata Party mangers used every trick in their armoury, including money power and the presence of "their" governors, to wrest control of Uttarakhand, Arunachal Pradesh, Manipur and Goa. This move reflects on Congress' leadership, especially on Rahul. "BJP is playing dirty politics and it will not be allowed in Karnataka", he retorted.

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