Supreme Court to hear plea challenging invitation to Yeddyurappa to be chief minister

Karnataka Chief Minister BS Yeddyurappa faces his first big test in the Supreme Court today. The top court will resume hearing a petition challenging Karnataka Governor Vajubhai Vala's invitation to Yeddyurappa to become chief minister.

In the May 12 polls, the BJP emerged as the single largest party with 104 members, while Congress secured 78, the JD(S) 37 and others three.

The BJP insists it should stake claim to form the government by virtue of being the single largest party while the Congress, which has struck a post-poll alliance with the JD(S), says they have more seats, four more than the half-way mark. Congress leader Abhishek Singhvi told the top court that the only way that the Yeddyurappa government could also cross the half-way mark is by horse-trading.

The BJP claims the support of 105 lawmakers including an independent.

The Congress-JDS combine has moved out their lawmakers from Bengaluru to neighbouring Hyderabad to ensure the 116 MLAs they have stay intact.

 In a rare pre-dawn hearing on Thursday, the Supreme Court had refused to stop Yeddyurappa from being sworn in but had made it clear that the swearing-in and the government formation in the state would be subject to the final outcome of the case before it.

A special bench comprising Justices AK Sikri, SA Bobde and Ashok Bhushan had directed the Centre to place before it two communications, sent by Yeddyurappa to Governor Vajubhai Vala in which he had staked claim to form the government, saying their perusal was necessary to decide the case.

"Here, there are three major parties. BJP is the single largest party, Congress is second and JD (S) is third. Now, the Congress-JD (S) combine outweighs the BJP. Then, in this situation, on what basis he (Yeddyurappa) has staked claim to form the government? We do not have those letters. It's only on surmises. The arithmetic is such that defies on what basis it was done," the bench had observed.

The top court also issued notices to Karnataka government and Yeddyurappa seeking their replies on the plea filed by Congress-JD (S) combine and posted the matter for hearing today.