Just before the midnight, Congress filed a petition in the Supreme Court (SC) challenging Karnataka Governor Vajubhai R. Vala's decision to invite the Bharatiya Janata Party to form the government.
Governor yesterday invited BJP legislature party leader B.S. Yeddyurappa to form the government, as the saffron party has emerged as the single largest party with 104 seats. Along with one independent MLA, the BJP has staked the claim at forming the government.
However, they are still short of the halfway mark of 112 by seven MLAs.
Whereas Congress-JD(S) alliance has 115 MLAs, just above the halfway mark.
"BJP has 104 seats, how will they prove majority on floor, even if they get some independent MLAs? Only way out is to bring Congress and JD(S) MLAs with them, either by using muscle power or buying MLAs. We have filed a petition urging Governor to give us a chance," Javed, lawyer of the JD(S) and Congress, told ANI.
Congress-JD(S) alliance chief ministerial candidate HD Kumaraswamy has accused the Governor of encouraging horse-trading.
While calling the Governer's decision unconstitutional, Kumaraswamy said, "By giving 15 days time (to prove majority) Governor is encouraging horse-trading by BJP leaders, this is unconstitutional. We will discuss the future plan."
However, Union Minister Prakash Javadekar, who is in Bengaluru, said the BJP has enough seats to prove majority and form its government.
When asked if BJP has the number of MLAs to prove majority, he said: "Definitely, we have. You will see it."
Javadekar on late Wednesday met Yeddyurappa at his residence in Bengaluru ahead of his swearing-in on Thursday morning.
Constitutional expert Subhash Kashyap told ANI that Governor has "complete power" to appoint the Chief Minister.
"It depends on Governor's discretion. Constitution provides them complete power to appoint anyone the CM, but Guv is expected to choose the person, who in their judgement, is in a situation to gain majority in the assembly," Kashyap said.
"Governor's decision can't be challenged. As far as the question of which party has the majority is concerned, it can be proven only on the floor of the house, not at the Raj Bhavan or by submitting any list," he added. (ANI)