Senior lawyer Ram Jethmalani on Thursday moved Supreme Court in his personal capacity against the decision of the Karnataka Governor inviting Bharatiya Janata Party to form government in the state. A bench headed by CJI Dipak Misra asked Jethmalani to mention his plea tomorrow before the bench concerned. In his plea, Jethmalani termed Governor’s order a “gross abuse” of Constitutional power.
CJI Misra considered the submission of Jethmalani’s plea seeking urgent hearing and said that a three-judge special bench, which had heard the matter in the early hours, would re-assemble tomorrow. The court asked the veteran lawyer to make his submission before the three-judge bench led by Justice A K Sikri on May 18 when the petitions filed by the Congress party and the Janata Dal (Secular) (JD(S)) would be taken up for further hearing. “The governor’s order is a gross abuse of the constitutional power and this has brought disrepute to the constitutional office he has been holding,” Jethmalani submitted.
Jethmalani said that he has come to court as he is hurt over the “unconstitutional” decision taken by the Governor. He added that he has not come before the court in favour or against any party.
Earlier, a Supreme Court bench held an urgent hearing on the pleas filed by Congress and JD(S) against the Karnataka Governor’s invitation to the BJP to form the government. In a pre-dawn hearing, the apex court refused to stay Yeddyurappa’s swearing-in as Karnataka chief minister. However, the court observed that swearing-in and Yeddyurappa’s appointment as the chief minister will subject to the outcome of the case in court.
In its plea, the Congress alleged that the BJP, which has 104 MLAs, was invited by the Governor to form the government “in an unconstitutional manner”. In the May 12 polls, BJP emerged as the single largest party with 104 members, while the Congress secured 78, the JD(S) 37. Together, the two parties crossed the majority mark and JD(S) leader HD Kumaraswamy also staked claim to form the government.