Published: Fri, May 18, 2018
World News | By Sandy Lane

Why this is crucial for the Cong, BJP and JD(S)

Why this is crucial for the Cong, BJP and JD(S)

BJP leaders said efforts are on to prove their majority by contacting Congress and JD (S) leaders but if the party fails to achieve it, then it would use the situation to accuse the Congress and the JD (S) of stealing the mandate of the people and denying a Lingayat leader the chance to be the CM.

Congress President Rahul Gandhi tweeted on Thursday, "The BJP's irrational insistence that it will form a Karnataka, even though it clearly doesn't have the numbers, is to make a mockery of our Constitution". Voting was not held in two of the 224 constituencies on May 12. Venugopal appeared on behalf of the government, Mukul Rohtagi appeared for three BJP MLAs, and Abhishek Manu Singhvi represented the Congress-JD (S) combine. Any party or grouping needs 112 members to claim majority as per the present strength of the House. It was further refined by the court in the Rameshwar Prasad case in January 2006, when a five-judge bench had adjudicated: "There is nothing wrong in post-poll adjustments and when ideological similarity weighs with any political party to support another political party though there was no pre-poll alliance, there is nothing wrong in it". It is also amusing that Congress and JD (S), long-time rivals who fought against each other in the recent elections, are taking a high moral ground on the issue of government formation. "Are heavens falling if the swearing in takes place?" he said throughout the night. However, the governor invited the BJP to form the government stating that it was single largest party.

He questioned the 15-day time given to Yeddyurappa for proving majority, saying the Supreme Court had earlier said that "to give such time is to encourage the constitutional sin of poaching". He requested that the current government here should be dissolved and the single largest party, RJD, be invited to form the government.

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"There is only one way a party which got 104 will get 113... Elementary common sense and arithmetic go against this kind of giving of time", Singhvi said.

Allegations of attempts of horse-trading by the BJP have been rampant, with Kumaraswamy alleging on Wednesday that his party's MLAs were promised Rs 100 crore each and cabinet seats in exchange for joining hands with the BJP.

Justice Sikri asked him on what basis was his side claiming majority in the House. "Why wait for 15 days?" It was already rumoured that the governor had taken a decision to this effect much before it was finally confirmed with a communiqué by the Raj Bhavan around 9pm on May 16.

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Defending the governor's move, Venugopal argued that anti-defection law would come into force only after the MLAs are sworn in. A winning candidate will not officially become an MLA unless this oath is taken.

He said it was a "great thing" that the three judges - Justices A K Sikri, S A Bobde and Ashok Bhushan - assembled well past midnight to hear the petition which showed that wheels of justice was working and working well.

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