New Delhi: Senior lawyer and jurist Ram Jethmalani on Thursday moved the Supreme Court in his personal capacity against the Karnataka governor's decision to invite the Bharatiya Janata Party (BJP) to form the government in the state, saying it was a "gross abuse of constitutional power".
A bench headed by Chief Justice Dipak Misra considered the submission of Jethmalani seeking urgent hearing and said that a three-judge special bench, which had heard the matter in the early hours, would re-assemble on Friday.
The bench also comprising Justice AM Khanwilkar and Justice DY Chandrachud asked the veteran lawyer to make his submission before the three-judge bench led by Justice AK Sikri on 18 May when the petitions filed by the Congress party and the Janata Dal (Secular) 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 while seeking nod to submit his views in the case.
He said that he has not come before the court in favour or against any party but has been hurt over the unconstitutional decision taken by the governor.
The Supreme Court bench, which also comprised Justice SA Bobde and Justice Ashok Bhushan, on Thursday in a pre-dawn hearing refused to stay BS Yeddyurappa's swearing-in as Karnataka chief minister after the Congress-JD(S) combine made a last-ditch attempt to stall the saffron party's surge in the southern state.
The Congress alleged that the BJP, which has 104 MLAs, was invited by the governor to form the government "in an unconstitutional manner" even as JD(S) leader HD Kumaraswamy along with Congress has the support of 116 MLAs.
In the 12 May polls, BJP emerged as the single largest party with 104 seats, while the Congress secured 78, the JD(S) 37 and others three.
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Updated Date: May 17, 2018 12:35 PM