In a dramatic turn of events, the apex court opened its gates to hear a plea against the governor's decision inviting the BJP to form the government in the state despite not having a majority.
The court's registry took the urgent plea to chief justice Dipak Misra's residence at 11.30 pm. "In case, he is given oath in the meantime, that shall be subject to further orders of this court and final outcome of the writ petition", the bench said.
The new BJP government has 15 days to gather enough support to survive a vote in the legislature on its leadership. Congress and Janta Dal Secular party had attempt to stop the process by knocking at the door of supreme court at night yesterday.
Singhvi said that Yeddyurappa had submitted a "letter with false information" on which the governor had "erroneously" relied upon.
Indian Prime Minister Narendra Modi's Hindu nationalist party ended Congress party rule in a key southern state on Thursday, but its poll victory was marred by questions over who has the right to form the government.
Soon after the counting trends showed that the state was heading towards a hung assembly, the Congress had chose to extend its support to a JD (S)- led government headed by the regional outfit's leader, HD Kumaraswamy. It remains to be seen whether Jethmalani, who had announced his retirement from the legal profession a year ago, would be permitted to appear before the bench of Justices Sikri, Bobde and Bhushan on Friday (May 18) when it resumes hearing the petition filed by the Congress challenging Governor Vala's decision.
He cited three instances where a post-poll coalition was allowed even when a single party fell short of crossing the halfway mark. "We don't know if we will form the government".
The Chief Minister said the floor test would happen sooner and he would not wait for 15 days given to him by the Governor to prove his government's majority in the House.
However, attorney general Venugopal responded by saying anti-defection laws kick in only after a candidate is sworn in as an MLA and not before.