The allegation that the entire episode was "pre-planned" stuck to the BJP since Yeddyurappa had been proclaiming for the past few days that he would take oath on May 17 since it was his lucky day.
On May 16, the BJP leader, B. S. Yeddyurappa (the newly-appointed chief minister), reached the office of the governor and staked claim for the post of chief minister, even though the BJP, at 104 seats, was short of eight seats for a simple majority.
The opposition parties challenged the governor's actions and petitioned the Supreme Court to stay the swearing in ceremony. In this case, as Mr Yeddyurappa is yet to undertake the floor test, he does not have the legal, moral or constitutional authority to advise the governor to exercise his power under Article 333.
The BJP with only 104 MLAs has got its chief minister sworn-in in the state, while the Congress and JD (S) having a majority of 118 MLAs have been denied the chance to form the government which is a "murder" of democracy by the saffron party, Maken said.
Senior advocate Mukul Rohatgi, appearing for the Chief Minister, had sought reasonable time till Monday for the floor test but the bench, also comprising Justices S A Bobde and Ashok Bhushan, ordered for Saturday.
Abhishek Manu Singhvi, Lawyer for Congress-JD (S), informs Supreme Court that Congress-JD (S) alliance is ready for floor test tomorrow.
Fearing defection to Bharatiya Janata Party (BJP), Congress and JD-S yesterday chose to shift their MLAs, lodged at Eagleton Resort in Bengaluru. BJP President Amit Shah said that the people have rejected the negative politics of the Congress.
The majority mark is 112 seats.
On Thursday, in his first public address since the Karnataka poll results, Congress President Rahul Gandhi has said that the Constitution is under severe attack and BJP-RSS is capturing every democratic institution in the country. The election for 31,802 Gram Panchayat seats, 6,123 Panchayat Samiti seats and 621 Zilla Parishad seats were held earlier this month.
The Supreme Court's judgments in S.R. Bommai vs Union of India (1994) and Rameshwar Prasad vs Union of India (2006) have dealt with such situations.