Karnataka Election Results 2018 highlights: BJP’s Yeddyurappa is CM, Rahul Gandhi says ‘mockery of Constitution’

BJP's tallest leader in Karnataka, BS Yeddyurappa, took oath as chief minister of the state at a ceremony held in Raj Bhavan this morning. The Governor had, last night, invited Yeddyurappa to form government. The BJP emerged as the single largest party but fell short of a majority. The focus now shifts to whether the party can prove its strength on the floor of the House.

Congress chief Rahul Gandhi says India "mourns" the defeat of democracy as BJP celebrates its victory. He tweets, "The BJP’s irrational insistence that it will form a Govt. in Karnataka, even though it clearly doesn’t have the numbers, is to make a mockery of our Constitution."

BJP's BS Yeddyurappa will be sworn in as chief minister of Karnataka at 9 am this morning. He was invited to form the government in the state by the Governor on Thursday. The BJP now has 15 days to prove its majority on the floor of the House. The Congress and JD(S), which approached the Supreme Court challenging the Governor's decision, called it partisan and biased.

Here's everything that happened in the SC's late-night hearing

BJP counsel, Mukul Rohatgi said that  Goa case is absolutely different from what is happening in Karnataka. In Goa,  the SC upheld the Governor’s invite to BJP leader Manohar Parikkar who led the post-poll coalition is different from Karnataka situation. In Goa, the single largest party did not stake claim to form Govt,  Rohatgi pointed out. 

Mukul Rohatgi says the effect of the relief sought by the petitioners will be interdicting the Constitutional duty of the Governor under article 164 which deals with the power of Governor to appoint CM and council of ministers. 

Continuing the argument, Congress Counsel Singhvi said, "it won’t be the right thing to do. Swearing in can be deferred from 9.30 am to 4.30 pm. It will be difficult to unscramble later"

The Supreme Court has not dismissed the petition filed by Congress and JD(S). It said, "this petition is a subject of hearing later on".   The apex court also issued a notice to respondents including BJP's BS Yeddyurappa, asking to file a reply.

The three-judge bench of Supreme Court refuses to stay swearing-in ceremony of BJP's BS Yeddyurappa as Karnataka Chief Minister but it will be subject to outcome of writ petition filed by Congress & JD(S). 

Please dismiss this petition. They want an injunction to stop discharging function of one of the highest constitutional functionary. Larger questions is that can it be stalled?: Mukul Rohatgi, BJP's lawyer. It's Governor's job to invite to oath. The President and Governor are not answerable to any court. The court should not stop a constitutional functionary in the functioning of his official duties, he added.

The petitioners are trying to stultify a democratic process. Hence, the petition should be dismissed, he said adding it is completely misconceived.

"In a case like this where the opposite side is showing 117 MLAs support, how will you have the support of 112 MLAs?," Justice AK Sikri asks AG KK Venugopal who is arguing for the Union government. 

This petition should not have been filed. Congress and JD(S) should have waited for the floor test to be conducted: Attorney General KK Venugopal, Centre's lawyer

Justice SA Bobde said, "we do not know what kind of majority BS Yeddyurappa has claimed. Unless we see that letter of support, we cannot speculate." Countering this, Congress Counsel Singhvi said, " Yes you can’t on mere speculation, so postpone the swearing in by two days."

Mukul Rohatgi said that the hearing shouldn't have been taken up at midnight.  " Will heavens fall if somebody is sworn in? I was woken up from sleep at midnight. This petition should never have been taken up at midnight." 

Irrespective of merits, the fact that three judges of the SC can sit at 2 in the night and hear the matter is a victory for democracy, said Singhvi. He added saying that the swearing-in should be put on hold until the matter is solved, 'Swearing-in ceremony can be held the day after tomorrow,' said Singhvi.

Someone said we are giving horses a bad name by calling it horse trading. We are trading humans and calling it horse trading, says Singhvi pointing out that long time given for proving majority will encourage poaching. Yedyurappa has staked claim to form Govt as leader of only his own party BJP while Kumaraswamy has staked claim as leader of a coalition of his party and Congress, he added.

Countering Mukul Rohatgi's objection that the order of Governor cannot be restrained by a judicial order, Singhvi says that even imposition of president’s rule under article 356 is subject to judicial review and wonders why the Governor’s decision cannot be subjected to judicial review. 

Singhvi cites instances from Meghalaya, Manipur, Goa, Delhi, Jharkhand and J&K saying post-poll alliances were invited to form government in these cases

At the midnight hearing, the Supreme said to  the Congress, "How can we review the decision of the Governor, when you don't have the letter of Yeduyarappa submitted to the Governor" 

"Where is the letter of the Governor in which he invited BJP to form the government," three-judge bench asked petitioner's lawyer Abhishek Manu Singhvi while hearing the petition filed by Cong & JD(S) challenging Karnataka Governor's decision

Congress Counsel Manu Singhvi cited three judgements in favour; UP (Jagdambika Pal), Jharkhand (Anil Kumar) and Goa (Kavlekar) and added that floor test can be preponed

Citing Sarkaria Commission Guidelines, Abhishek Manu Singhvi, arguing for the Congress on Tuesday said, Congress legislature party passed a resolution supporting JD(S). HD Kumaraswamy submitted 37 MLAs signatures to the Governor, supporting Congress. It is completely unconstitutional that  with  just 104 MLAs  with BJP,  the Governor has invited BJP leader BS Yeddyurappa to form the government.

Raising preliminary objection, Mukul Rohatgi representing Centre says,  order of Governor cannot be restrained by a judicial order. There cannot be injunction against Governor's order, he added. 

The Congress and JD(S) in its plea to the Supreme Court stated, "Court may pass an order declaring order of Governor inviting BS Yeddyurappa to form govt as unconstitutional and quash the same, or, pass direction to Guv to invite alliance of INC & JD(S) which has support of more than 112 MLAs to form gov." 

According to Senior advocate Mukul Rohatgi, "Guv has the discretion to call the largest party and he has done so. If single largest party won't be able to form govt, other parties will be called. In case of Goa elections, single largest party Congress had not presented its side, that's the difference."

Additional Solicitor General  Tushar Mehta, arguing for the centre and senior advocate Abhishek Singhvi has reached courtroom number 6. The hearing will begin shortly.  The petitioners are G Parameshwara, President, Karnataka Pradesh Congress Comm & HD Kumaraswamy, President, Janata Dal (Secular). The petition submitted states that decision of the Governor is tainted with arbitrariness and against the Article 14 of the Constitution.

Congress leader Abhishek Sanghvi tweeted ssaying, " Irrespective of merits, Supreme Court found sufficient urgency to list the matter 145 pm. This shows that system works irrespective of merits in getting large wheels to move at very short notice with regard to technicalities."

Congress leader Abhishek Sanghvi tweeted ssaying, " Irrespective of merits, Supreme Court found sufficient urgency to list the matter 145 pm. This shows that system works irrespective of merits in getting large wheels to move at very short notice with regard to technicalities."

Supreme Court to hear Congress-JDS petition challenging Karnataka Governor's decision to invite BJP's Yeduyarappa to form government at 1:45 am today.  Three-judge bench of Justice AK Sikri, Justice Ashok Bhushan and Justice Gobde will hear the petition

Constitutional expert Subhash Kashyap says in a quote to ANI, "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."

'BJP has 104 seats, how will they prove majority on floor, even if they get some independent MLAs? Only way out is to bring Cong & JD(S) MLAs with them,either by using muscle power or buying MLAs. We have filed a petition urging Guv to give us a chance,' says JD(S) and Congress' lawyer Javed in a quote to ANI. 

Meanwhile, Union Minister Prakash Javadekar who arrived at the residence of BS Yeddyurappa said in an affirmation that BJP can prove majority as they have the number of MLAs. "Definitely, we have. You will see it," he said. 

Kumaraswamy slammed Vala's invite to Yeddyurappa and accused the Modi government of misusing Constitutional institutions.

"We will not let it go easily...", a furious Kumaraswamy said shortly after the governor wrote to Yeddyurappa asking him to take oath. Kumaraswamy said the governor should have given three or four days time for Yeddyurappa to prove his majority.

BJP's BS Yeddyurappa in a tweet on late Wednesday announced that he will be sworn in as the Chief Minister of Karnataka on Thursday and urged the people of the country to be happy. He added saying, ' your blessing is our salvation.'

The Congress, which termed the governor's decision an "encounter of the Constitution", urged Chief Justice Dipak Misra to hold an urgent hearing tonight itself since Yeddyurappa is slated to take oath as chief minister at 9 AM tomorrow.

The Congress also launched a fusillade against Vala at a press conference, with Congress' chief spokesperson Randeep Surjewala dubbing him a "stooge" of the BJP and accusing him of “encountering” the Constitution at the behest of Prime Minister Modi and the BJP chief.

JD(S) leader HD Kumaraswamy said,  Governor, is encouraging horse-trading. " By giving 15 days time to BJP to prove majority, Governor is encouraging horse-trading by BJP leaders, this is unconstitutional. We will discuss the future plan," says Kumaraswamy.

After Karnataka Governor invited BJP to form the government, Congress leader Randeep Surjewala said that they will use all legal and constitutional rights available to form the government. 'We will use all legal and constitutional rights available to us. Hum janta ki adaalat mein jaayenge,' said Surjewala in a quote to ANI. 

"The Governor has shamed his office. We want to ask Amit Shah ji that if two parties cannot come together in post-poll coalition, then how did you form governments in Goa and Manipur by superseding single largest party?" added Surjewala in Delhi.

Meanwhile, ANI tweeted out Karnataka Governor's letter inviting BJP's BS Yeddyurappa to form government. The letter mentions that Yeddyurappa has 15 days time to prove majority on the floor of the House.

The lone BSP MLA Mahesh claimed that he was approached by BJP office-bearers to support the party in its government formation efforts. "However, I asked them to get in touch with our national leader Mayawati. I am firmly with JD(S)," he said. Mahesh has been elected from Kollegal constituency in Chamarajanagar district.

"Shocking, if true? Will tantamount to murdering democracy, trampling Constitution & disregarding all precedents. Majority will can’t be subjugated at the whims of BJP & Modi Govt.," tweeted Randeep Surjewala.

Chidambaram says the governor shouldn't walk on a perilous path that is illegal and questioned the delay in inviting Kumaraswamy to form the government. "Governor holds an exalted constitutional office, he shouldn't walk on a perilous path which is illegal. He's bound by SC judgment, bound to invite leader of alliance which is presented to him as an alliance that commands maturity of members in legislative assembly. What is standing in way of the governor from extending invitation to leader of the alliance (HD Kumaraswamy), who clearly demonstrated that he commands the support of the majority?" Chidambaram says.

Following the tweet by BJP spokesman and Rajajinagar MLA Suresh Kumar, Congress is holding a press conference. Congress leader and noted lawyer Kapil Sibal said the governor should not act illegally since the Congress-JD(S) combine had the majority. 'Congress & JD(S) clearly has a majority and yet governor hasn't taken a decision to invite Kumaraswamy to form govt. We heard governor may have invited BS Yeddyurappa but since it is not confirmed we are proceeding on basis that the governor has not decided to invite anyone,' says P Chidambaram.

Putting an end to all the specualtions, Governor Vajubhai Rudabhai Vala on Wednesday invited the Bharatiya Janata Party to form the government in Karnataka, BJP's Rajajinagar MLA Suresh Kumar tweeted. Kumar further said BS Yeddyurappa would be sworn in as the chief minister at 9.30 am on Thursday. However, there was no clarification on how BJP would cobble up the numbers to cross the halfway mark of 112 MLAs to form the government, since it had won only 104 seats in the elections.

Senio Congress leader M Veerappa Moily said the party had decided to support the JD(S) in forming a government in Karnataka to keep BJP out of power. Asked if it was a good move to back the H D Deve Gowda-led outfit, the former Union minister said, "It's good or not...we are interested to keep the BJP away from power." On whether he was confident that Governor Vajubhai Vala would invite the JD(S) to form the government, Moily said he was bound to do it. "He (the governor) has to work as the constitutional head (of the state) and not as an agent of the BJP," Moily said.

Kumaraswamy cited Manipur and Goa to substantiate his argument where the governors allowed the formation of government by the single largest alliance instead of the single largest party.

Addressing a press conference, Kumaraswamy said he told the governor that if they were not allowed to form the government in Karnataka, they would be forced to explore legal options. In a letter to Governor Vajubhai Vala, 115 MLAs have signed in support of JD(S). However, Congress' Anand Singh was not among the signatories, fuelling suspicion of horse-trading. However, Congress said the party was in touch with Singh.

All the 78 MLAs of the Congress and 37 MLAs of JD(S) along with HD Kumaraswamy have reached the Raj Bhavan. Meeting with Governor Vajubhai Vala ends. Congress MLAs have given to the governor in writing about their support to JD(S). However, reports said the governor has refused to accept the parading of MLAs by the two parties. Governor has given us the assurance that he will take the decision based on the constitution, says Kumaraswamy after meeting with Vajubhai Vala. The JD(S) leader says party MLAs are safe.

Criticising the Karnataka governor's decision to give time to the BJP to prove its majority in the state Assembly, the CPI(M) on Wednesday accused the saffron party of indulging in horse-trading. The Left party alleged that the constitutional office of the governor was being misused in the southern state. "The politburo of the CPI(M) strongly opposes the time given to the BJP to indulge in naked horse-trading and the use of money power to muster a majority in the Karnataka Assembly. "Delaying this would only mean that the constitutional office of the governor is being misused to buy time for naked horse-trading. This is blatantly anti-democratic," it said.

Congress leaders outside the Raj Bhavan on Wednesday. (Photo by Manoj Kumar)

Congress leaders G. Parameshwara, DK Shivakumar and KJ George arrive in Raj Bhavan. HD Kumaraswamy along with 37 JD(S) MLAs have already reached the governor house amid chants of "down, down BJP". (Express photo by Manoj Kumar)

HD Kumaraswamy and 37 JD(S) MLAs reach Raj Bhavan to meet Governor Vajubhai Vala. Amid hectic jockeying over government formation in Karnataka, Kumaraswamy, earlier in the day, claimed the BJP offered his MLAs Rs 100 crore in bribes to break away and back the BJP in government formation. (Express photo by Manoj Kumar)

Meanwhile, Congress is likely to move the Supreme Court if Karnataka Governor Vajubhai Vala does not invite the JD(S)-Congress combine to form a government in accordance with constitutional and legal provisions, PTI quoted party sources as saying. The party is preparing the ground to move court in case of a negative response from the Raj Bhavan. "We have staked our claim for formation of a government as we have the numbers as also the total vote share of over 56 per cent," added a senior party leader. "All options remain open to the Congress," the party's communications in-charge Randeep Surjewala said when asked what the party would do if the governor invited the BJP to form government.

While Congress MLAs are approaching the Raj Bhavan in a bus, HD Kumaraswamy is also leading a delegation to meet Governor Vajubhai Vala. All eyes are now on Vala, who has the discretion to invite any leader to form the government. But he must make a choice keeping in mind the leader’s ability to prove his majority on the floor of the House, and to provide a stable government.