New Delhi: Shortly after the Karnataka Governor invited the single largest party, the BJP, to form a government in the state, the Congress and the JD-S combine moved the Supreme Court against the "illegal" and "unconstitutional" decision of the state Governor.
In their petition, drafted by senior advocate Abhishek Manu Singhvi, the parties sought an urgent hearing by Chief Justice of India Dipak Misra, before the swearing in tomorrow. This is highly unlikely as courts are reluctant to interfere with this process.
A midnight hearing before tomorrow's swearing in is also unusual except in cases involving death sentences where a life may be snuffed out wrongly but for the court interference.
The top court may, however, hear the other plea of the alliance tomorrow when it convenes at 10.30 tomorrow. The Congress has made an issue of the 15 days given to the BJP legislature party leader to prove his majority in the house.
Fifteen days is a rather long time in politics, sources said. The parties will use the Goa precedent to argue for a floor test at the earliest to test the strength of the BJP legislature party leader on the floor of the House.
The top court has always fallen back on the floor test to prove majority as the best way out in situations involving hung assemblies.
The Congress has also protested over the Governor's refusal to go by time-honoured conventions and later day judgements of the top court in not inviting a combine that would have provided a stable government in the state.