New Delhi: The Supreme Court has denied urgent hearing of the petition filed by the Akhil Bharat Hindu Mahasabha on Tuesday challenging Karnataka governor Vajubhai Vala’s decision to call H.D. Kumaraswamy of the Janata Dal (Secular), JD(S), to form the government.
The apex court has said the matter would be taken up for hearing at a later date.
The petition filed by the Hindu Mahasabha sought the quashing of the governor’s 19 May letter calling for Kumaraswamy’s appointment as chief minister and challenged the latter’s swearing-in, slated to take place on Wednesday. It termed the post-poll alliance between the Congress and the JD(S) violative of the Constitution.
“Such fraudulent, opportunistic, collusive tactics between these two political parties have defrauded the electorate of the state of Karnataka, which is against the basic structure of the Constitution of India," the petition said.
The petition challenged Kumarswamy’s appointment and contended that Article 164 along with Article 163 (1) and (2) of the Constitution do not permit appointment of a chief minister who has very small numbers in legislature, on the basis of having a post-poll coalition.
The primary question raised by the petitioner is whether the governor is bound to appoint any person as chief minister as per the recommendation of the majority political party even if the said recommendation is dehors the constitutional scheme and basic structure of the Constitution.
Whether a post poll coalition between two or more political parties is permissible under the constitutional scheme even when they have not received the mandate of the people and whether such a coalition can stake claim before the governor to form a government, is another question raised in the petition.
On 16 May, Vala invited Yeddyurappa to take oath as chief minister and form the government, giving him 15 days to prove his majority on the floor of the assembly. hours later, the Congress and JD(S) moved the Supreme Court, challenging this decision. The court directed that a floor test be conducted to determine majority at 4 pm on 19 May and for live feed from it to be provided to several local channels which would simultaneously telecast the footage.
Ahead of the court mandated floor test, Yeddyuruppa resigned and governor Vala invited Kumarswamy to take over as chief minister.
The Karnataka election results declared on 15 May gave a fractured mandate, with the BJP winning 104 seats, the Congress 78 and the JD(S) 37. One seat each went to the Bahujan Samaj Party, Karnataka Pragnyavantha Janatha Party and an independent candidate.