Congress moves Supreme Court seeking urgent relief

Party wants swearing-in to be stopped or the BJP given a shorter time period to prove majority in the House

May 17, 2018 01:59 am | Updated 02:00 am IST - NEW DELHI

Karnataka : Bengaluru : Congress MLAs are moving from KPCC office to privet resort in Bengaluru on Wednesday 16 May 2018. Photo : Sudhakara Jain.

Karnataka : Bengaluru : Congress MLAs are moving from KPCC office to privet resort in Bengaluru on Wednesday 16 May 2018. Photo : Sudhakara Jain.

Accusing Karnataka Governor Vajubhai Vala of “denigrating the Constitution and murdering democracy,” the Congress approached the Supreme Court late on Wednesday evening seeking urgent relief.

The Congress wants either the swearing-in, scheduled for 9 a.m. on Thursday to be stopped, to be stayed or the BJP given a shorter time period to prove majority on the floor of the House.

Sources told The Hindu that senior lawyer Abhishek Manu Singhvi is likely to appear before the Chief Justice of India on Thursday morning.

“It will be a black letter day for the Constitution and democracy. Prime Minister Narendra Modi and BJP chief Amit Shah today have sanctioned an encounter of the Constitution,” said Randeep Surjewala, Congress communication chief, at a press conference late in the evening.

Calling it an invitation to “manufacture” majority, former Finance Minister P. Chidambaram said, “Governor gives Mr. Yeddyurappa 15 days to convert the number 104 into 111.”

Anticipating an adverse decision, the Congress tried to mount pressure on the Governor through a press conference by its top legal minds late on Wednesday evening before the swearing-in was formally announced.

Senior leaders like Mr. Chidambaram, Kapil Sibal, Vivek Tankha and Randeep Surjewala, who are also practising lawyers, asserted that the only option “available” to Governor Vala was to invite the coalition led by JD(S) leader H.D. Kumaraswamy.

“If the Governor invites anyone but Mr. Kumaraswamy, then he is encouraging poaching. He is supporting poaching,” said Mr. Chidambaram.

He said that the Supreme Court had settled the issue in its March 2017 Goa order when the Congress had approached the top court against the Governor’s decision for asking a post poll-alliance to form the government ignoring the single largest party, the Congress.

Mr. Sibal took a dig at the Prime Minister’s monthly radio programme ‘Mann ki Baat’ now become ‘Dhan ki Baat’ alluding to the “use of money power to buy support of MLAs” by the BJP.

The Congress is also considering the option of parading the 117 MLAs before the Governor as well as the President of India.

“We are exploring all options and will take this now to the people’s court,” said Mr. Surjewala.

Congress president Rahul Gandhi had also been in touch with senior leaders, Ghulam Nabi Azad and Ashok Gehlot, to monitor the developments in Bengaluru.

“Until Wednesday morning, there was some apprehension but now, at this moment, we have two more MLAs and our total strength is 119,” said a senior Karnataka Congress leader, indicating that MLAs from the BJP, too, are in touch with the Congress-JD(S) alliance.

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