Supreme Court refuses to stay Yeddyurappa’s swearing –in
New Delhi: The Supreme Court refused to stay Bharatiya Janata Party (BJP) leader BS Yeddyurappa's swearing-in as Karnataka Chief Minister.
The apex court, which commenced the hearing at 2.11 am and ended at 5.28 am, however made it clear that the swearing-in and the government formation in the state would be subject to the final outcome of the case before it.
A special bench comprising Justices AK Sikri, SA Bobde and Ashok Bhushan directed the Centre to place before it two communications, sent by Yeddyurappa to Governor Vajubhai Vala in which he had staked claim to form the government, saying their perusal was necessary to decide the case.
The top court also issued notices to Karnataka government and Yeddyurappa seeking their replies on the plea filed by Congress-JD (S) combine and posted the matter for hearing Friday.
While senior advocate Abhishek Manu Singhvi, appearing for Congress-JD (S) combine, persisted with his arguments that the swearing-in ceremony should be stayed or deferred, the bench said, "we are not staying the oath taking ceremony".
Attorney General KK Venugopal, appearing for the Centre, and senior advocate Mukul Rohatgi, representing three BJP MLAs Govind M Karjol, C M Udasi and Basavaraj Bommai, opposed the arguments to defer or stay the swearing-in ceremony, which was scheduled on Wednesday for Thursday morning.
"We do not know what transpired in the meeting between the BJP leader (Yeddyurappa) and the Governor. I do not think BS Yeddyurappa is served or represented here. The whole thing is in a grey area and in a realm of speculation," Venugopal said.
Rohatgi also questioned the manner in which the petition was filed in the midnight and said, "Heavens will not fall if somebody is sworn-in. This is not a matter of life or death or as if someone is going to be hanged".
At the outset, Singhvi referred to the number of seats won by the BJP, Congress and JD (S) and said the Congress-JD (S) combine has the majority in the house with 117 MLAs while the BJP had only 104 seats which was below the majority mark of 112 at present.
He also questioned the Governor's decision to give 15 days time to Yeddyurppa to prove majority in the house and claimed that this might lead to "horse trading" and "poaching" of MLAs.
Singhvi said that they were not sure how much time Yeddyurppa himself had sought from the Governor to prove the majority but as per their information, the BJP leader had sought seven days time.
He urged the court to defer the swearing-in, scheduled to be held at 9.30 AM today, till 4.30 pm and said the Centre or BJP should be asked to place before the bench the letters sent by Yeddyurppa to the Governor.
However, the Attorney General told the bench, "We really do not know what was the basis of which the Governor invited him (Yeddyurppa)".
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Won't contest bypolls until EC prevents fake voting: Mayawati
Lucknow (PTI): BSP chief Mayawati on Sunday alleged irregularities in voting in the recent Uttar Pradesh bypolls and said her party will not contest by-elections in future, particularly in the state, "until Election Commission takes measures to prevent fake voting".
By-elections to nine assembly seats in Uttar Pradesh were held on November 20 and results of it were declared on Saturday. Bahujan Samaj Party contested all nine seats but failed to win any.
"In the bypolls held for nine assembly seats in Uttar Pradesh, there is widespread discussion about the votes cast and the results announced yesterday. I am not saying this myself; it is a common perception among people that earlier, during elections conducted with ballot papers, fake votes were cast by misusing the system, often through fraud," Mayawati said in a press conference here.
"Now, similar practices are being carried out using EVMs, which is a matter of deep sorrow and concern for democracy," the former UP chief minister said.
Not only this, but these activities are now being executed more openly, especially during by-elections, as opposed to general elections for the Lok Sabha and state assemblies, she claimed.
"We recently witnessed this in the Uttar Pradesh bypolls. Similar concerns have also been raised regarding the recent general elections in Maharashtra. This is a major warning bell for democracy in our country," she said.
"Given this situation, our party has decided that until the Election Commission of India takes strict measures to prevent fake voting, we will not participate in any by-elections across the country, particularly in Uttar Pradesh. I am specifically referring to by-elections here," Mayawati said.
As far as general elections are concerned, she continued, there is a somewhat better safeguard because the fear of power changing hands makes the ruling party more cautious.
"In general elections, it is not guaranteed that the party in power will return to power and another party may take over. This fear keeps the government machinery somewhat restrained," she added.
Considering all these factors, our party will contest general elections for the Lok Sabha, state assemblies and local bodies with full preparation and strength, Mayawati stressed.
In the bypolls, the BJP and its ally RLD together won seven seats while Samajwadi Party candidates emerged victorious on two.
