The Congress and the JD(S) moved the Supreme Court Thursday evening with an application seeking to restrain newly-sworn-in Karnataka Chief Minister B S Yeddyurappa and state Governor Vajubhai Vala from nominating any Anglo-Indian community member as MLA. In a related development, senior advocate and jurist Ram Jethmalani also approached the Supreme Court against the Governor’s decision to invite the BJP leader to form the government.
The application was mentioned before a bench headed by Justice A K Sikri which listed it for hearing Friday when it will also take up the main petition filed by the two Opposition parties challenging the Governor’s decision inviting Yeddyurappa.
The plea said that though the Governor was empowered under Article 333 to nominate a member of the Anglo-India community as MLA, he could not do that on the aid and advice of Yeddyurappa who was yet to face a floor test.
It alleged that “taking advantage of the power under Article 333”, Yeddyurappa and the BJP were “attempting to nominate an Anglo Indian MLA to fill nominated seat immediately to illegally raise their strength in the House with a view to outnumber the Petitioners who enjoy support of majority of the elected legislators being 116 in number”.
If this happened before the floor test, “it would be entirely unethical and will be a fraud on Constitution, not to mention that the same would be a complete mockery of the democratic process and free and fair elections”, the petition contended.
Jethmalani, who moved the court in his personal capacity, mentioned it before a bench headed by the Chief Justice of India.
“The Governor’s order is a gross abuse of the constitutional power and this has brought disrepute to the constitutional office he has been holding,” Jethmalani said, and sought permission to submit his views in the case.
He said that he has not come before the court for or against any party but has been hurt over the unconstitutional decision taken by Governor Vala.
The court suggested that he take it up before the special bench headed by Justices A K Sikri when it sits Friday to take up the main Congress-JD(S) petition.