Yeddyurappa's interim government in Karnataka will have to prove it's number, no later than tomorrow, as per Supreme Court's latest directions. The 3 judge bench headed by Justice Sikri held that the constitutionality of the governor's actions aside, the deadlock in Karnataka could best be broken by an expedited floor test.

This proposal by the court was met with severe opposition by former attorney general Mukul Rohatgi, appearing for BS Yeddyurappa. He argued that constitutional precedents provided for at least 15 days and that the BJP should be allowed at least 7 days time.

The top court, however, rebutted the arguments that there were enough precedents by way of SC judgments that provided for immediate floor tests to be conducted. Rohatgi, then revised his demand, requesting that the floor test could be conducted on Monday. This demand too failed to cut any ice with the court.

The orders for floor test came after the SC observed that the deadlock required urgent and immediate solutions.

As per the court, it is a hung assembly that raises questions of governor's exercise of discretion. The SC also observed that irrespective of the scenario, the floor of the assembly is where the real test lies.

Meanwhile, Abhishek Manu Singhvi submitted that any governor who would have applied his or her mind, could not have arrived at the conclusion that one is bigger than two. He also submitted that Yeddyurappa had claimed majority before the governor and had sought time before the court for floor test without giving names or signatures. He alleged that the BJP was trying to "manufacture a majority".

Kapil Sibal, senior Congress leader, also argued that the constitution does not provide for absolute discretion to any recognised authority. Hinting at the governor, he argued that exercise of discretion must be guided by guidelines or rules. Sibal further submitted that the only way Yeddyurappa can claim majority is by breaking up the Congress and JD(S). This, Sibal argued, would be tantamount to the court allowing a constitutional immorality.

Here, the court observed that it understood that Congress was "between the devil and deep sea".

In fact, in a lighter vein, Justice Sikri also remarked that jokes were doing the rounds on Whatsapp that the owner of the resort where the MLAs had been parked had also moved the governor's house in a bid to form government, claiming the presence of the MLAs.Meanwhile, eminent jurist Ram Jethmalani's prayer for videographing the floor test was rejected. SC also rejected a prayer by the attorney general for secret ballot.

The supreme court has also allowed for appointment of a protem speaker for governing house operations and disallowed nomination of any leaders or taking any policy decisions, till the floor test.

First Published:May 18, 2018 3:32 PM IST