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Yeddyurappa to take oath as CM, SC refuses to stay Governor’s decision

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Yeddyurappa to take oath as CM, SC refuses to stay Governor’s decision

As expected, BJP’s Karnataka chief ministerial candidate BS Yeddyurappa will take oath at 9 am on Thursday, May 17, just as he had claimed.

This was decided after a dramatic hearing at Supreme Court in the early hours of Thursday when the Congress challenged Karnataka Governor’s decision to invite BJP leader BS Yeddyurappa to take oath as chief minister later that day –at 9 am on Thursday, May 17.

The apex court, while refusing to stay the Governor’s order for Yeddyurappa’s swearing in, said the hearing of the case would continue and fixed the next hearing for 10.30 a.m. on Friday, May 18. It also asked for the list of MLAs supporting Yeddyurappa to be produced that day.

After Yeddyurappa’s claim that he would take oath as chief minister on May 17 was confirmed by Karnataka Governor VajubhaiVala’sinvitation to him to take oath as CM at 9 am that day, with only the night remaining for making their move, the Congress and JD(S)moved the Supreme Court.

A three-judge benchcomprising ofJustice AK Sikri, Justice Sharad Arvind Bobde, Justice Ashok Bhushan heard the case. Notably, the bench did not include the Chief Justice of India (CJI) Dipak Misra or any of the next senior four judges who had gone public with their complaint against him with complaints that included allocation of cases.

Former attorney general Mukul Rohatgi appeared for the BJP, Additional Solicitor General Tushar Mehta represented the Centre while Abhishek Manu Singhvi argued for the Congress.

Rohatgi said the Governor could not be stopped from taking a decision, that the court could not stop him from having a government sworn in.

Singhvi enumerating numbers said the Congress and JD(S) had informed the Governor on May 15 about their alliance. The BJP does not have a majority.

As Attorney General KK Venugopal also arrived for the hearing, Singhvi said as per the recommendations of the Sarkaria Commission …

The court interjected to say “…the single largest party is invited…”

Singhvi said, “No… the alliance hving a majority is invited.”

“The Supreme Court approved this decision in the case of Goa,” he said.

He pointed out that whereas in the case of Goa, Jharkhand and Jagdambika Pal, the SC brought down the 7-day time for floor test to prove majority to 48 hours, the Karnataka Governor has given a time of 15 days.

Singhvi said while BJP’s chief minister-designate had asked for seven days, the Governor has given him 15 days.

Giving so much time is allowing chance for the Constitutional sin of horsetrading.

Justice AK Sikri said the single largest party has been invited to form government and it claims it would prove its majority, and you are arguing that they do not have anyone else’s support.

Singhvi said the BJP has 104 MLAs and unless eight MLAs from Congress break away to back BJP, they cannot get a majority.

The court said: “But the defection of MLAs is against the law.”

Singhvi: “That is exactly what I’m saying.”

Justice SA Bobde said that if the court stayed the Governor’s order, no government would be formed. Under Article 361, the Governor has certain special powers, said Justice Bobde.

Singhvi, cited the example of Meghalaya, Manipur and Goa, where Congress was the largest party short of majority and the first chance to form a government was given to a post-poll alliance, in Delhi AamAadmi Party was given a chance to form government with Congress support when BJP was biggest single party, and in Jharkhand JMM-Congress got a chance even when BJP had more seats.

Justice Sikri said the Governor had used his discretion and how could the court interfere with this power.

Singhvi countered, saying that the decision to hold swearing in by tomorrow morning (actually just 5-6 hours later) was extremely problematic and the SC could not be a mute spectator to it.

He said the plea for staying the swearing in was not to check the Governor but to check Yeddyurappa. The Governor, he argued, had not given any reasons for his decision (to invite the BJP leader to take oath despite lacking majority).

Singhvi also argued that the Governor’s decision was open to judicial review.

As he concluded his arguments, Attorney General KK Venugopal, arguing on behalf of the Centre, said it wasn’t a question of legality nor was it known what facts the Governor took into consideration – that the entire case was based on conjectures.

Singhvi said the court should postpone the oath taking for two days and hear the case in detail.

Mukul Rohatgi chimed in to argue that the court should not have heard the case at all, that too so late at night, that such hearing was held only for Yakub Memon(the terrorist, Mumbai bomb blast accused) case.

NDTV reported that Justice Sikri said the court had not seen any letter from BJP to the Governor staking its claim so how could it take a position on BJP’s claim.

A curious argument from the AG was that if a person elected as MLA on one party’s ticket switched sides to another before taking oath, it could not be treated as defection.

Rohatgi argued that if the court deemed it necessary, Yeddyurappa could be removed from chief ministership, but how could the court stay Governor’s decision? He said the only question left was how many days should be allowed for the floor test. “Is this such an important/urgent question that has to be decided at four in the morning?” Rohatgi asked.

The SC bench finally decided not to interfere with the Governor’s decision to hold Yeddyurappa’s swearing-in ceremony, saying a final decision about whether one retains the post or not would come when the case was decided and there could be no interim order in this regard.

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BJP says it stands for credibility of promises under PM Modi, Congress for crisis

Trivedi mockingly questioned whether Kharge was truthful in his statements made the previous day, implying that his critiques of the BJP were a reaction driven by pressure to reconcile his earlier remarks.

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The BJP said on Saturday that it stood for the credibility of promises made under Prime Minister Narendra Modi’s leadership, while labeling the Congress party as one suffering from a crisis of credibility, intensifying their ongoing rhetorical conflict over unfulfilled electoral pledges.

BJP spokesperson Sudhanshu Trivedi said that the ruling party has expanded its welfare initiatives, including health insurance, free food grains, and cash transfers to farmers, emphasising a strategy focused on wealth creation followed by equitable distribution as the Indian economy has grown over the last decade.

“We believe in the creation of wealth and its distribution. The Congress fosters corruption and depletes wealth,” he stated, referencing numerous unfulfilled promises made by Congress-led governments across various states.

Following Mallikarjun Kharge’s remark labeling “Modi ki guarantee” as a cruel joke after Modi seized Kharge’s guidance on budgetary constraints in state poll announcements, the BJP launched new accusations.

Trivedi mockingly questioned whether Kharge was truthful in his statements made the previous day, implying that his critiques of the BJP were a reaction driven by pressure to reconcile his earlier remarks.

Trivedi highlighted several accomplishments of the Modi government, including the construction of the Ram temple, the abrogation of Article 370, the building of over 14 crore homes for the impoverished, the establishment of more than 51 crore Jan Dhan accounts, and a firm stance against terrorism from Pakistan, to demonstrate the government’s fulfillment of its commitments.

He noted that Kharge, having witnessed notable leaders like PV Narasimha Rao and Pranab Mukherjee manage economic challenges effectively, is now observing the Congress party struggling under the influence of urban Naxals due to Leader of Opposition in the Lok Sabha Rahul Gandhi.

Addressing Kharge’s criticisms on various issues, Trivedi pointed to data from the Employees’ Provident Fund Organisation (EPFO) indicating a rise in account holders from 11 crore to 25 crore over the past decade.

He also referenced significant infrastructure projects, such as the construction of homes for the poor, 74 new airports, and an impressive pace of 37 kilometers of road built per day, claiming that these initiatives have created substantial employment opportunities.

“India is now ranked third in auto manufacturing and second in mobile phone manufacturing; if anyone is unable to recognize the country’s progress, there is a profound deficiency in their perspective,” asserted the BJP spokesperson.

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Maharashtra elections: Congress says Mahayuti understands its exit is certain

Congress leader Sachin Pilot, also an observer of the Congress party for the Maharashtra elections, said that the ruling Mahayuti alliance is aware that its exit is imminent.      

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The Congress on Wednesday asserted the ruling Mahayuti government in Maharashtra has understood that its exit is certain as the Maha Vikas Aghadi alliance is strong and that all its candidates are in a strong position for the upcoming Assembly elections in the state.

Congress leader Sachin Pilot, also an observer of the Congress party for the Maharashtra elections, said that the ruling Mahayuti alliance is aware that its exit is imminent.      

The Congress leader stated that the party is fully prepared and that its ally parties in Maharashtra are strong. He mentioned that the seat-sharing negotiations occurred in a positive atmosphere and that the ruling party has recognized that their exit is inevitable.

“All the candidates of the Maha Vikas Aghadi (MVA) are in a strong position. The people here have decided to support Congress and its allies in the upcoming Assembly elections,” he said.

He also noted that the alliance’s performance in the recent Lok Sabha elections was impressive. “Wherever Congress contested, our candidates won 80 percent of the seats. We expect this trend to continue,” he added.

Pilot acknowledged that there have been some differences among party members regarding specific seats but assured that those issues would be resolved in the next 2-3 days, ensuring there would be only one candidate from the MVA for each seat.

Earlier in the day, Ramesh Chennithala, Congress in charge of Maharashtra, slammed the BJP, claiming that the party is undermining its alliances in the state.

“The BJP is dismantling its alliances. They are forcefully converting alliance partner candidates into their own party candidates. The people will respond to this,” he stated while speaking to reporters.

Earlier on October 26, Chennithala alleged that crores of rupees have been reportedly offered to two of its MLAs to join Maharashtra Deputy Chief Minister Ajit Pawar-led NCP faction, ahead of state Assembly elections.

Chennithala made those allegations while speaking to reporters in the national capital. He also questioned the Maharashtra Chief Minister Eknath Shinde.

Voting for all 288 constituencies for the Maharashtra Assembly elections are set for November 20 and counting on November 23. In the 2019 Assembly elections, the BJP won 105 seats, the Shiv Sena 56, and the Congress 44. In 2014, the BJP secured 122 seats, the Shiv Sena 63, and the Congress 42.

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Rahul Gandhi not upset, Opposition spreading fake news: NCP (SP) leader Anil Deshmukh

“Opposition parties are spreading false information. It is not true that Rahul Gandhi is upset with leaders in the State,” he said.

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Asserting that Leader of Opposition in the Lok Sabha and Congress leader Rahul Gandhi was not upset with the Maharashtra unit, NCP (SP) leader Anil Deshmukh on Saturday accused the Mahayuti of spreading fake news over the issue of seat-sharing in the state.

Deshmukh mentioned that meetings between leaders of Congress in Maharashtra, including Balasaheb Thorat, Nana Patole, and Vijay Wadettiwar, and representatives of NCP (SP) and Shiv Sena (UBT), went well.

“Rahul Gandhi is not upset. Leaders like Balasaheb Thorat, Nana Patole and Vijay Wadettiwar all had meetings with leaders of NCP-SCP and Shiv Sena (UBT). We had taken the decision regarding seat sharing based on merit,” the NCP(SP) leader said.

He further clarified that the decision on seat sharing was made based on merit, countering the false information being spread by Opposition parties. Deshmukh also dispelled the notion that Rahul Gandhi was upset with the state leaders.

“Opposition parties are spreading false information. It is not true that Rahul Gandhi is upset with leaders in the State,” he said.

Furthermore, in preparation for the upcoming Assembly polls in Maharashtra, Congress released its second list of 23 candidates on Saturday.

The Maha Vikas Aghadi (MVA) has concluded talks on sharing seats in 255 constituencies, with each party planning to contest 85 Assembly constituencies, as informed by Maharashtra Congress President Nana Patole.

On the same day, the BJP released a list of 40 star campaigners, including prominent party leaders such as Prime Minister Narendra Modi, party chief Jagat Prakash Nadda and Union Home Minister Amit Shah.

The other leaders from the saffron party — Union Minister Nitin Gadkari, Defence Minister Rajnath Singh, Uttar Pradesh Chief Minister Yogi Adityanath, Assam Chief Minister Hemant Biswa Sarma, Madhya Pradesh Chief Minister Shivraj Singh Chouhan, Union Minister Bhupendra Yadav, Smriti Irani, Piyush Goyal, Jyotiraditya Scindia, Pramod Sawant were in the list.

The list also includes names of prominent leaders from the State — Maharashtra deputy CM Devendra Fadnavis, Vinod Tawde, Narayan Rane, Pankaja Munde, Chandrakant (Dada) Patil, Girish Mahajan, Radhakrishna Vikhe Patil, Ashish Shelar, Udayan Raje Bhonsle, Raosaheb Danve Patil, Ashok Chavan, Sudhir Mugantiwar, Navneet Rana, among others.

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