The Supreme Court on Friday directed the one-day-old BS Yeddyurappa Government to prove his majority on the floor of the Karnataka Assembly on Saturday, modifying the Governor’s earlier order of May 16 that gave him the luxury of 15 days for his show of strength.
Also, the court directed immediate appointment of Pro-tem Speaker and directed Director General of Police to ensure security to all MlAs.
The SC said the floor test will take place at 4 pm after the newly appointed Pro-tem Speaker administers oath of office to all elected MlAs.
A determined Congress-Janata Dal (Secular) combine, who burnt the midnight oil by rushing to the apex court in the odd hours of May 15 night, stood vindicated on Friday as the apex court, after going through the letters of support sent by Yeddyurappa to the Governor, proved that the Bharatiya Janata Party (BJP) had claimed of having only 104 MlAs and failed to indicate how they intended to reach the 112-mark needed to establish majority in the House.
The Bench of Justices AK Sikri, SA Bobde and Ashok Bhushan felt that though the Governor’s decision to call the single largest party instead of Congress-JD(S) combine required to be examined. However, for practical reasons, it preferred an expeditious floor test pending the determination of the legal question on Governor’s discretionary power.
Congress legal brains - Kapil Sibal, Abhishek Manu Singhvi, P Chidambaram, agreed with the Court’s proposal but with conditions. They sought directions restraining the Yeddyurappa Government from taking any policy decision till the floor test and demanded that the nomination of an Anglo-Indian member to the House should not carry through. The Bench had almost passed orders to this effect but senior advocate Mukul Rohatgi appearing for Yeddyurappa gave undertaking that he won’t take any policy decision. As for the nominated Anglo-Indian members, Additional Solicitor General (ASG) made a statement that no such move is underway, following which Court refused to pass any orders.
Support for the Congress-JD(S) combine came from an unexpected quarter in the form of senior advocate Ram Jethmalani who appeared in Court, not on behalf of any political party, but as a concerned citizen, to state how “ashamed” he felt by the action of Karnataka Governor in calling BJP first.
The Bench said, “The Governor is an authority under Constitution. We have to address him with respect. But under judicial review, we will be the final arbiter and will decide on the correctness of his action.”
The direction of the Court asking Yeddyurappa to prove his majority within a day left BJP camp unprepared. Rohatgi urged the Court to consider granting him a week or postpone the floor test till Tuesday. But the Bench relied on precedents where the Court directed floor test within 24 hours. Rohatgi said, “I have to get my flock together. Their (Cong-JDS) MlAs are locked up at Kochi (Kerala).”
Showing the letters of May 15 and May 16 written to Governor, Rohatgi said many MlAs of Congress had not signed the letter of support submitted to the Governor. Supporting him, ASG Mehta who appeared for the State claimed he had specific information that no document containing signature of MlAs was submitted to Governor. The Bench refused to be drawn into the controversy while preparing the ground for floor test. As regards the correctness of Governor’s action to call BJP first over the Congress-JD(S) combine, the Bench fixed hearing on this issue after 10 weeks.