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

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5 years ago

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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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Congress chief Mallikarjun Kharge hits back at PM Modi’s corruption remark, says stop image makeover

The Congress chief also accentuated the use of ED sleuth on the Opposition and further asked how the BJP leaders are cleared off their charges after being inducted into the party.

Published

12 hours ago

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March 29, 2023

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Congress chief Mallikarjun Kharge

After Prime Minister Narendra Modi took a jibe at the Opposition unity on Tuesday calling their Opposition unity a coming together of the corrupt, Congress chief Mallikarjun Kharge on Wednesday hit back at PM Modi. Kharge asked PM Modi to stop BJP’s image make over by portraying as Anti-Corruption crusader.

Kharge, in his Tweet, wrote and questioned who owns 20,000 Crore Rs in Adani’s Shell companies. Kharge further raked up the names of defaulters Lalit Modi, Nirav Modi, Mehul Choksi, Vijay Mallya, Jatin Mehta who fled the country and asked if they are a part of PM Modi’s ‘Bhrashtachari Bhagao Abhiyan’.

See tweet here:

Kharge, in his second Tweet, also questioned on why the ruling BJP is accused of 40% commission in Karnataka. Kharge further upped the ante and accused the Meghalaya Government to be the most corrupt.

Congress Chief Malikarjun Kharge, in his scathing attack, raked up the issue of BJP leader being involved in Sanjivani Cooperative scam in Rajasthan, Poshan scam in MP and Naan scam in Chhattisgarh.

See tweet here:

The Congress chief also accentuated the use of ED sleuth on the Opposition and further asked how the BJP leaders are cleared off their charges after being inducted into the party.

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Kharge, in his tweet, challenged PM Modi to order a Joint Parliamentary Committee to sit on the allegations on levelled against Adani. He further wrote and urged the PM to hold a press conference in his 9 years of PM office where the the media won’t ask trivial questions.

See tweet here:

Mallikarjun Kharge’s unsparing attack on Prime Minister Modi comes a day after the PM targeted the Opposition unity amid the disqualification of Congress leader Rahul Gandhi from Lok Sabha. PM Modi, in his attack on the Opposition, said that some parties have initiated Bhrashtachari Bachao Abhiyan and also dubbed the unity of Opposition as the uniting of corrupt.

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Election Commission says decision on Lok Sabha bypoll in Wayanad after court granted appeal time is over

Rahul Gandhi was sentenced to two years of imprisonment by the Surat court in the 2019 criminal defamation case.

Published

14 hours ago

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March 29, 2023

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Rahul Gandhi

The Election Commission on India (ECI) on Wednesday said that the bypolls will not be conducted for the Wayanad Lok Sabha constituency after the disqualification of Congress leader Rahul Gandhi’s membership from Lok Sabha last week.

Chief Election Commissioner of India Rajiv Kumar said they are not in a hurry to conduct bypolls at Kerala’s Wayanad. Kumar indicated that the Election Commission would wait as Gandhi has been given a 30-day window to challenge the conviction in the court.

Kumar said there is no need to hurry to conduct bypolls at the Wayanad constituency because as per Section 151 of the Representation of People’s Act, the Commission has six months to hold polls in this constituency. The Act says that anyone convicted of an offense and sentenced to imprisonment for two years or more stands disqualified.

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Congress said Rahul Gandhi will get his membership back if the sentence is put on hold.

Gandhi has also been asked to vacate his Tughlaq Lane bungalow by April 22 which was offered to him by the government after he won the election from Amethi seat in Uttar Pradesh.

Meanwhile, the Congress workers and other opposition parties have criticized the Centre, including Prime Minister Modi for playing petty politics and accused the government of trampling democracy.

In the middle of a huge political row over Rahul Gandhi’s disqualification, the Lok Sabha membership of Lakshadweep MP Mohammed Faizal was restored today after his conviction in a criminal case was put on hold.

Rahul Gandhi was sentenced to two years of imprisonment by the Surat court in the 2019 criminal defamation case.

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Karnataka Assembly Elections: ECI announces single-phase polling, result on May 13

The polling will be done 224 Assembly constituencies and over 5.21 crore people will be eligible to vote in the election due on May 10. As per the reports, out of 5.21 crore voters, 9.17 Lakh will be the first-time voters. The polling across the 224 seats will be done in a single phased manner.

Published

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March 29, 2023

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Karnataka Assemble Elections

The Election Commission of India (ECI), on Wednesday, announced the schedule for assembly elections in Karnataka. According to the schedule of the assembly elections, the polling will be done on May 10, whereas the vote counting will be done on May 13.

Karnataka Assembly elections is anticipated to be a big showdown between the two national parties in the country: BJP and Congress. BJP are hopeful to retain incumbency, whereas the Congress have shown confidence to unseat the BJP.

The polling will be done 224 Assembly constituencies and over 5.21 crore people will be eligible to vote in the election due on May 10. As per the reports, out of 5.21 crore voters, 9.17 Lakh will be the first-time voters. The polling across the 224 seats will be done in a single phased manner.

BJP emerged as the leading party Karnataka in 2018 by being the single-largest party. The BJP claimed majority by sweeping 104 seats out of the 224, whereas, its counterpart Congress trailed behind by winning 80. Janata Dal (Secular) bagged 37. However, Congress and JD(S) alliance led to the Congress-JD(S) alliance to form a government.

Subsequently, in 2019, rebellion leaders jumped ships to the BJP which led to BJP coming in power. BS Yediyurappa was entrusted with the Chief Ministorial role who was later in 2021 replaced by Basavaraj Bommai.

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Congress’s state chief DK Shivakumar spoke to the media and asserted confidence in unseating the BJP. Shivakumar, in his statement to the media, said that this election will be development-oriented and for a corruption-free state.

The Congress recently also released the first list of 124 candidates ahead of the polls which also had former Chief Minister Siddaramaiah and Pradesh Congress Committee chief DK Shivakumar.

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Karnataka Chief Minister Basavaraj Bommai also spoke to the media on the Karnataka Assembly elections and said that the BJP are prepared for the elections. He also claimed that the BJP will return to power with a huge majority.

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The role of Janata Dal (Secular) can be crucial one if the result become a hung election. The JD(s) can prove to be the kingmaker in the state if the situation arises.

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