The Congress and JD-S had challenged Karnataka Governor Vala's invitation to Yeddyurappa to form the government despite the BJP falling short of legislative numbers to claim majority in the 222-member Assembly.
In turn, the BJP has alleged that the Congress forged signatures of many of its legislators while submitting party's list of MLAs to the Governor. Over an hour into the hearing, the bench said that unless it sees BJP's letter, it would not know what kind of majority it has. "The Governor should have invited us to form the government". Some 52 Congress MLAs including party leaders Shivakumar himself and G Parameshwara will stay at Eagleton a resort in the outskirts of Bangalore.
But when the time came for Kumaraswamy to make way for the BJP's BS Yeddyurappa - the party's chief ministerial candidate this year - in October 2007, the Janata Dal (Secular) leader reneged on the agreement.
The Congress party asked the court that when their alliance with JDS has the numbers to prove the absolute majority then how can the Governor call Yeddyurappa to form the government. Jethmalani, who had taken retirement from law practice, told the bench that the Karnataka Governor's order is a "gross abuse of Constitutional power", reported IANS. "If they go on to control and hold the government, it further erodes Congress' control over states".
The three-judge wants to vet the contents of the letters - basically to check whether the Governor's decision to invite Yeddyurappa was an informed one. Therefore, BJP President Amit Shah also took the Twitter and replied to Gandhi, "The "Murder of Democracy" happens the minute a desperate Congress made an 'opportunist" offer to the JD (S)'.
It is his second stint as chief minister of Karnataka and the 75-year-old took the oath of office "in the name of God and farmers".
Yeddyurappa has 15 days to prove his majority in the Assembly.
The BJP won 104, the Congress 78 and the JD-S 37. It now all depends on how Supreme Court's in tomorrow's (Friday 10:30 am hearing) will act regarding the minority government formation in Karnataka.
In a historic pre-dawn hearing, the top court had yesterday cleared the last-minute hurdle created by the Congress-JD (S) combine for the BJP's ambitious surge in southern India by paving the way for Yeddyurappa to be sworn in as the chief minister of Karnataka.