Bengaluru: Advocate Amrutesh files PIL in HC against BJP forming govt in Karnataka


Daijiworld Media Network – Bengaluru (DC)

Bengaluru, May 17: Advocate NP Amrutesh on Thursday May 17 filed a public interest litigation (PIL) in Karnataka high court challenging the decision of governor Vajubhai Vala to invite BJP to form the government without having the required numbers yet. The PIL states that the court should not allow defection of MLAs to BJP through resigning or cross-voting.

The petition also states that the governor's decision was violation of the Schedule 10 of the Constitution and raises concerns of horsetrading if the BJP gets 15 days to prove majority.

Advocate Amrutesh also requested the court to take the up the hearing on the petition on an urgent basis. Sources said that the vacation bench of the court is likely to hear the PIL on May 22.

Several other lawyers and progressive thinkers have questioned the governor's decision to invite the BJP to form the government despite not having clear majority. The BJP has 104 MLAs where as the Congress-JD(S) alliance has claimed that they have 116 MLAs with them.

Speaking about the politics in Karnataka, senior lawyer Ram Jethmalani said, "What has BJP said to governor, that he did such a stupid action? Order of governor is open invitation to corruption."

Jethmalani has approached the Supreme Court against Karnataka Governor’s invitation to BS Yeddyurappa for forming the government in the state.

“All of us saw how Prime Minister Narendra Modi misused the office of Governor in Tamil Nadu. The same has been done in Karnataka. This is totally against democracy and rule of law. We condemn it,” says DMK leader M K Stalin.

"It is a conspiracy to destroy the constitution made by Baba Saheb Ambedkar, since they (BJP) came to power they have been misusing government machinery, thereby attacking democracy," BSP chief Mayawati on BJP's B S Yeddyurappa being sworn in as Karnataka Chief Minister.

"Karnataka governor is working like BJP's agent. He hasn’t played his role well by giving 15 days’ time. At the face of it, BJP is clearly playing dictator like role," said Congress leader Anand Sharma.

Punjab Chief Minister and Congress leader Captain Amarinder Singh tweeted, "Democracy has been brazenly manipulated, mutilated and massacred in Karnataka."

Meanwhile, the AAP in New Delhi tweeted, "Governor in Karnataka is doing the same as LG is doing in Delhi, and both are playing with the Constitutional values. In current scenario they are only following the orders of BJP top brass without keeping the fact in mind that they are at constitutional posts."

After two days of intense drama, B S Yeddyurappa on Thursday took oath as the Chief Minister of Karnataka after his party, the BJP, was invited to form government in the state. The oath was administered to him by Karnataka Governor Vajubhai Vala.

B S Yeddyurappa took oath as Karnataka chief minister on Thursday morning after the Supreme Court, in a rare overnight hearing on a petition by the Congress and the Janata Dal Secular, refused to stop the ceremony. The BJP leader has been given 15 days to prove majority by the Governor on Wednesday evening.

The Supreme Court will resume hearing the case Friday morning at 10.30 am and has ordered the BJP to produce the letters submitted by BS Yeddyurappa to the governor by then.

Congress and JD(S) lawmakers who were staying in Eagleton Resort have decided to protest outside Karnataka Assembly. The lawmakers have been camping at the resort since yesterday to avoid defection.

 

  

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Comment on this article

  • AHMED, MANGALORE

    Fri, May 18 2018

    EVM ZINDABAAD,
    as long as its EVM voting, BJP will never loose in anywhere,

    DisAgree [1] Agree [2] Reply Report Abuse

  • Vishal, Mangalore

    Fri, May 18 2018

    What a travesty of justice! A person who was caught stealing the state's natural wealth, jailed is now once again at the helm of affairs. I just fail to understand which party of the body the people are thinking from. Politicians, of course, are shameless. What about the people? Are they so dumb and deaf that they cannot see what is going on? How can we blame the politicians when we ourselves abet their wrong doings? We are handing over the keys to a person who is an expert in robbing the state. And this time, he doesn't have to worry about anything. There is nobody to keep a watch on him. At least the last time we had an honest lokayukth who brought the matter to the attention of the people. But what about the current lokayukth? Is he still there? Is he awake? Hello lokayukth, it is time you woke up.

    DisAgree Agree [16] Reply Report Abuse

  • Jossey Saldanha, Mangalore

    Fri, May 18 2018

    7 EVM Hacker's we're arrested in Mysore 😖😖😖

    DisAgree Agree [16] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Fri, May 18 2018

    Fit case to fight and challenge in the court.

    DisAgree Agree [16] Reply Report Abuse

  • sri_elder, Karkala

    Fri, May 18 2018

    Congress is one opposition party to bjp at national level.... But they lost all weight due to appeasement politics, divisive politics and various minority bhaghyas....
    Also they ridiculed majority community for their selfish motives...
    Congress is more worst than hitler for majority people..
    Now RIP congress...

    DisAgree [34] Agree [9] Reply Report Abuse

  • AMAR NATHAL, MANGALORE

    Fri, May 18 2018

    There are many who think that if there is only one religion (Hinduism) in India, there will be more peace, security and peace. The matter of fact is, its going to be worse and criminals will use religion to keep people in ignorance. Who is looting India? British? What about Modi in exile?

    DisAgree [5] Agree [12] Reply Report Abuse

  • Rampanna, UDUPI

    Fri, May 18 2018

    @Amar Nathal,

    I do not know the relevance of your comment to the present political circus in Bangalore.

    Having said that, the fact is that no country that is governed by theocracy (de-facto or de-jure) would come anywhere close to countries like Australia, NZ, Sweden, Denmark, Germany, France, etc in providing a peaceful and socially equitable life to its citizens.

    Pakistan was the first country to be created based purely on a faith. And what happened? Within 25 years the west wing broke away; and today the epicentre of global terrorism emanates from that country.

    Take any country in the corridor starting from Pakistan to Algeria, or those in Latin America like Mexico, Venezuela and Columbia. Islam / Christianity dominates the political discourses of these countries. But which of these countries would compete to get a gold medal in providing the best life to its citizens?

    There is enough example at global level to prove that theocracy as a political force is an absolute failure. The problems of 21st century needs to be solved by 21st century brains and not by the “shepherds guide to universe” written centuries ago.

    So, anyone who offers to make India a Hindu-rashtra and thinks that ram-rajya will automatically follow. I will just say, THANKS BUT NO THANKS.

    DisAgree [4] Agree [4] Reply Report Abuse

  • kp, udupi

    Fri, May 18 2018

    for everything if you relate the thing to religion you will become communal instead of calling others.
    please do not mix up the thing with irrelevant matter. the discussion is whether governor is correct or not to invite the BJP. comment on this only.

    DisAgree Agree [5] Reply Report Abuse

  • henry, Mangalore

    Fri, May 18 2018

    'Sare jahan se achha Hindustan hamara',
    A corrupt minister who was put behind the bars just five years ago, Kaidi Number # 10462 is asked to sworn oath again as the minister! without getting an absolute majority - unbelievable.
    I am speechless. This is the hight of money power. Brings shame to Indians who are known as peace lovers and smart. This is totally against democracy and rule of law.

    DisAgree [3] Agree [24] Reply Report Abuse

  • Rampanna, UDUPI

    Fri, May 18 2018

    Just to clarify,

    Yeddy has been acquitted of all charges. Hence legally, neither EC nor the Governor can stop him from contesting election and staking claim to form the Government.

    Having said that, some of the charges were cleared purely on technical ground. That means the courts did not say that he was innocent. Rather, that the procedural errors were noted in the probe / prosecution and hence he was acquitted.

    DisAgree [10] Agree [2] Reply Report Abuse

  • Rampanna, UDUPI

    Fri, May 18 2018

    One more 15 minutes of fame petition.

    Doesn't this advocate dude read the newspaper? When the Supreme Court is already hearing petitions in this regard, what does he expect the HC to do?

    DisAgree [7] Agree [6] Reply Report Abuse

  • Jossey Saldanha, Mangalore

    Fri, May 18 2018

    I am in Mangalore since 10/5/2018 & I found people very upbeat about Elections.
    I have traveled extensively in both Mangalore & Udupi. People here refuse to believe the election results. I have still not understood why Modi said before Elections ' Congress will suspect EVM's '.
    Now I am 100% sure EVM's were manupilated ...

    DisAgree [6] Agree [31] Reply Report Abuse

  • sri_elder, Karkala

    Fri, May 18 2018

    Congress and jds together won 100+ seats through EVM...?

    Let pappu admit it in SC...

    If required I will order burnol to your door step 😆

    DisAgree [18] Agree [2] Reply Report Abuse

  • Rampanna, UDUPI

    Fri, May 18 2018

    Welcome to the coast Jossey.

    Of course, if you speak to Congress supporters, they will refuse to accept their defeat. What is surprising in that? There are lakhs of voters in DK and Udupi districts. You my friend would have spoken to 100 or 200 people (most of whom are no doubt, core Congress supporters). It is just like you going to Pakistan and discussing human rights situation in Indian side of the LOC. Do you think you will hear praises of Indian army or their fictional butchery story? But how true those stories are?

    Various news channels that engaged professional statisticians who in turn seek data from thousands of voters could not provide an accurate prediction on the election results. And you expect that you speaking to some of your friends and families in coast proves that the election result does not reflect people’s mandate? If you really want to know what election malpractices are, please go through the West Bengal’s panchayat elections and tell me did any of those happened here in Udupi / Mangalore?

    Regarding, Modi’s statement on EVM – what is surprising in that? Hasn’t that been the general undertone in many of the state elections in the last three years? Even you are saying that you are 100% sue that EVMs are hacked. Really? Where is the evidence, evidence, evidence?

    DisAgree [10] Agree [1] Reply Report Abuse

  • Jossey Saldanha, Mangalore

    Fri, May 18 2018

    7 EVM Hacker's we're arrested in Mysore 😖😖😖

    DisAgree Agree [6] Reply Report Abuse

  • Rampanna, UDUPI

    Fri, May 18 2018

    NO, none were arrested.

    DisAgree [5] Agree [2] Report Abuse

  • Raman, Kudla

    Fri, May 18 2018

    Then they could have manipulated more EVM to get a majority (112+) seats so simple. Now stop blaming EVM because Kongis did not get the desired results.

    DisAgree [13] Agree [3] Reply Report Abuse

  • UMMAR, mangalore

    Fri, May 18 2018

    YA PEOPLE UPSET ABOUT THIS BEC NOBADY LIKE TO BJP IN POWER BEC GOOD FOR LOOTING KARANATAKA , ATTACHKING PUB AND ALL

    THIS ACCHE DIN FOR BJP BY EVM MACHINE , THATS Y MODI LIKE TO TRAVEL JAPAN CHINA FOR THIS SEETING THE EVM HACK ,

    BUT ONE DAY ANYBADY WIL COME OUT TO SAY DETAIL OF EVM

    DisAgree Agree [12] Reply Report Abuse

  • Rita, Germany

    Fri, May 18 2018

    Yeddiyurappa was in such a hurry to take oath before the votes were counted and the legitimate of its were prooved.Does one so soon take oath before legitimate is prooved?Is nt there certain period before the forming Govt .is formed.?Good there is someone who knows about the rules and protesting.

    DisAgree Agree [10] Reply Report Abuse

  • Nicholas, Canada

    Fri, May 18 2018

    Everything is preplanned in Nagpur HQ.Everyone should have understood by this time by following facts
    i) Yeddy telling before counting about winning & swearing In
    ii) Date & time on BJP website before Governor's invitation
    iii)Governor keeping quiet till night 9PM

    DisAgree Agree [7] Reply Report Abuse

  • Ahmed, Abu dhabi

    Fri, May 18 2018

    Even EVM should be Banned in 2019 Election.

    DisAgree Agree [13] Reply Report Abuse

  • Rampanna, UDUPI

    Fri, May 18 2018

    Ban EVMs?? Oh really? So, you want to go back to the days of ballot paper voting?

    The West Bengal panchayat polls were held using ballot paper. Just read the extent of violence that went into booth capturing and vote rigging. Also note that only two-third of the state voted since there were no opposition candidates in about 35% of the seats.

    Before ECI made EVMs mandatory for all national and assembly elections, booth capturing and vote rigging (and the associated violence) was rampant in many regions of the country. EVMs have virtually put a stop on those practices simply because the thugs may have succussed in snatching a EVM but wouldn’t have a clue as to what to do with it. There is an in-built safety mechanism to prevent vote rigging.

    Could you please LOGICALLY explain to me as how do you think BJP hacks a EVM in each election?
    - EVM is not connected to the internet and does not have wifi.
    - A large number of EVM were built well before BJP came to power at the centre.
    - Even after four years in power, not even a single person comes forward to testify EVM hacking?

    Don’t you think it is far too easy for the parties like SP, BSP, AAP (not Congress at top level) to blame the EVMs than to introspect as to why people rejected them? If any of the sceptics had even a shred of evidence, wouldn’t they have approached the Supreme Court?

    DisAgree [5] Agree [1] Reply Report Abuse

  • JOSHWA, MANGALORE/OMAN

    Thu, May 17 2018

    IT SHOULD BE MADE COMPULSORY FOR A PERSON WHO WANTS TO BECOME A PRIME MINISTER ATLEAST HE MUST HAVE PASSED DEGREE IN POLITICAL SCIENCE

    DisAgree Agree [14] Reply Report Abuse


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Title: Bengaluru: Advocate Amrutesh files PIL in HC against BJP forming govt in Karnataka



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