Supreme Court order says the pro-tem speaker will conduct the floor test. If Governor Vajubhi Vala has allowed Yedurappa 15 days to prove his majority, he has clearly abused the governor's office.
The Congress won 78 seats, the JD (S) 37, BSP 1, KJKP (Karnataka Pragnyavantha Janatha Party) 1 and the BJP 104.
Rohtagi, while reading out the operative part of the May 16 letter sent by Yeddyurappa to the Governor, said the BJP leader had said in the letter that the party has emerged as the single largest party in the state and they were wiling to form the government. The Congress-JDS lawyer also sought proper security for their MLAs in case of floor test being conducted. The court said: "This means it is (an) open invitation to horse-trading", so that in effect the governor is permitting buying of MLAs by the BJP to prove their majority on the floor of the house. The BJP has a precedence when Atal Bihari Vajpayee had resigned 13 days after taking oath as the prime minister in 1996. In this case, as Mr Yeddyurappa is yet to undertake the floor test, he does not have the legal, moral or constitutional authority to advise the governor to exercise his power under Article 333.
The Congress-JD (S) alliance moved a fresh plea in Supreme Court on Thursday challenging Governor Vajubhai R Vala's decision to nominate an Anglo-Indian MLA to the state assembly.
The apex court asks on what basis the governor decides who can provide stable government- the single largest party or a coalition party with majority. The interim application is likely to be heard on Friday along with the main petition of the combine.
Karnataka Assembly Elections Results were declared on May 15, but the drama and suspense is still not settling up.
The leader pointed out that Modi and Shah deliberately stayed away from Yeddyurappa's swearing-in also because the issue was pending before the Supreme Court.
Furthermore, Rohatgi claimed that the BJP was in possession of certain information that many MLAs from other parties had not given any kind of written support to the Congress-JD (S) alliance. The election for 31,802 Gram Panchayat seats, 6,123 Panchayat Samiti seats and 621 Zilla Parishad seats were held earlier this month.
"In fact, in a House where BJP does not enjoy a majority, as it stands today, it will need cross-voting or MLAs abstaining from voting to win the Speaker's election".
Gandhi, who is on a two-day trip to Chhattisgarh, was apparently referring to the unprecedented press conference by four senior judges of the Supreme Court in January this year to express their grievances against the chief justice of India.