Chief Minister BS Yeddyurappa will take a floor test in Karnataka's Assembly at 4pm on Saturday, the Supreme Court ruled, slashing Governor Vajubhai Vala's controversial 15-day window to the BJP leader to prove his majority.
A three-judge bench headed by Justice AK Sikri said on Friday that it will later look into the larger issue of whether or not Vala was correct in inviting BJP — the single-largest party but short of majority — on Wednesday to form government.
The court is hearing a petition by both Congress and JD(S) that together have the numbers but did not have a pre-poll alliance. Yeddyurappa claimed that some Congress and JD(S) MLAs are with BJP, and he will clear the test. "We have more than what we need," he said.
Meanwhile, Congress released an audio clip of BJP's Janardhana Reddy allegedly speaking to its MLA from Raichur Rural and offering money and a ministry post. "This is the handiwork of Congress' dirty tricks department. This is a fake CD," said senior BJP leader Prakash Javadekar.
The court also asked the government not to take any major policy decision till it proves majority in the House. It also ordered authorities, including the state police chief, to ensure law and order during the floor test. No Anglo-Indian MLA will be nominated for now, the court said.
Former A-G Mukul Rohatgi, appearing for the Chief Minister, sought time till Monday for the floor test but the bench, also comprising Justices SA Bobde and Ashok Bhushan, did not agree. When the court asked Rohatgi how BJP would get numbers, he said, "Support will come from Congress and JD(S) MLAs. More cannot be said at this point."
The court also turned down Yeddyurappa's request for a secret ballot during the floor test. The Karnataka BJP immediately tweeted: "If people's mandate has to be vindicated again, so be it. Bring it on!"
Congress president Rahul Gandhi said the order vindicates his party's stand that Governor Vala acted unconstitutionally. "BJP's bluff that it will form government, even without the numbers, has been called out by the court. Stopped legally, they will now try money and muscle to steal the mandate," he said.
Congress and JD(S) MLAs who were moved to Hyderabad to escape potential poaching attempts will return to Bengaluru to take part in the floor test.
Congress leader Ghulam Nabi Azad also alleged that the party's Karnataka MLA BS Anand Singh has been abducted by a "central minister". "The victory is ours. BJP is confident of their defeat. We only have to wait for 24 hours," said Abhishek Manu Singhvi, representing the Congress-JD(S) combine in the court.
Justice Sikri wrapped up the hearing on a lighter note. "I must say that I saw a message circulated on social media in which a resort owner wrote a letter to the Governor for formation of government saying he has the support of 117 MLAs," he said.
The current strength of Karnataka's Assembly is 221. BJP has 104 seats of its own and claims to have an Independent MLA's support. It is near-impossible for BJP to engineer a permissible defection (two thirds of MLAs) from Congress or JD(S).
The second option is to get 13 MLAs from either party or both to resign or abstain. This will reduce the strength of the House, making BJP win the floor test even with its current strength.
