MASSIVE: Supreme Court to hear Congress' plea against Yeddyurappa's swearing in as Karnataka CM. LIVE developments here

Update at 9:42 am: Congress leaders stage a dharna at Vidhan Soudha after BSY takes oath

Rahul Gandhi Breaks His Silence After Congress Lost Its Midnight Legal Battle

Update at 9:00 am: BJP's BS Yeddyurappa takes oath as the 23rd chief minister of Karnataka. 

• The Bharatiya Janata Party's B.S. Yeddyurappa took oath as the 23rd Chief Minister of Karnataka 
• Yeddyurappa, for the third time, was sworn-in as the Chief Minister of Karnataka
• Governor of Karnataka invited the BJP to form the government but also prove its majority in the state assembly within 15 days

Update at 8:50 am: WATCH: Ahead Of His Swearing In, Yeddyurappa Visits A Temple In Bengaluru

Update at 8:19 am:

Update at 8:14 am: BS Yeddyurappa leaves for the Raj Bhavan, to take oath at 9 am

Update at 7:00 am: After Getting A Big Setback In The Supreme Court, Here’s The Congress’ Latest Strategy

Update at 6:17 am: Here's what Abhishek Manu Singhvi has to say‏

Update at 5:27 am:

Supreme Court asks the A-G to produce the letter by BJP to the Governor by 2 pm at which point the case will be heard. No stay on swearing in.

A-G says, "Letter is with the Governor. I can’t produce it”

Justice Sikri - Notice issued to state of Karnataka and Yeddyurappa

Justice Sikri - After hearing the parties, we feel that it is necessary to produce the letters dated May 15 and May 16 which are mentioned in the Governor’s letter.

Justice Sikri - This court is not passing any order staying the oath-taking ceremony.

Justice Sikri - In case he takes oath, it is subjected to the outcome of this petition.

Justice Sikri asks for letter to be produced by Friday 10.30 am when the case will be heard.

Singhvi asks for floor test to be held.

Justice Sikri says: 'We wanted to dismiss the entire thing on the basis of the floor test'

Update at 5:21 am:

Judges dictating the order: The petitioners who have filed this petition challenging the validity of the communication dated 16.5.2018 addressed by the Governor of Karnataka to Yeddyurappa inviting him to form the government and be sworn in as the CM of Karnataka. Respondent 3 (Yeddyurappa) has decided to take oath at 9.30 am. That’s why this bench was specially convened to hear the matter

(Judges go into discussion)

Update at 5:17 am:

Order being dictated

Update at 5:16 am:

Singhvi - I expected the respondents to say we will get the letter and the documents by 9 am before this court

Singhvi - Your decision should not create an irreversibility

Singhvi concludes

Update at 5:05 am:

Singhvi: Whether you call it an injunction or a stay is all semantics. 

Justice Bobde: There are no semantics. An injunction is always against a person.

Update at 4:59 am:

Justice Bobde: An order issued by the President or Governor can be questioned. You can stay an order but injunction is against a person.

Update at 4:57 am:

Justice Bobde: You may set aside his actions. But you can’t curtail his actions.

Update at 4:54 am:

Justice Bobde: It stands to reason that if you can’t issue a notice to the Governor then you can’t injunct him either. How can you restrain a party who you can’t summon to court?

Justice Bobde: There is no problem of judicial review here. The Governor cannot be restrained.

Update at 4:51 am:

Rohatgi: I’m surprised this case is still being heard. The last time this happened a man was going to be hanged. (referring to Yakub Memon)

Update at 4:49 am:

Rohatgi concludes. Singhvi gets up again and says he wants to give a rejoinder.

Singhvi - This is the highest form of trivialisation. They have argued like there is no law on the subject

Update at 4:40 am: 

Rohatgi: Legal principle is to follow the separation of powers. That’s what the executive will do. That is what the legislature will do. That is what the judiciary should do.

Update at 4:37 am: As per Republic TV's sources, 4 Congress and JD(S) first-time MLAs could abstain from voting in a floor test

Update at 4:36 am:

Rohatgi: Can you restrain a Governor from signing a bill? This is completely unfounded.

Update at 4:28 am:

Singhvi: Defer swearing in by 3 hours or 6 hours.

Rohatgi continues his arguments.

Update at 4:25 am:

Singhvi continues arguing. Rohtagi objecting to Singhvi arguing. Says Supreme Court was passing an order. Verbal battle between Singhvi and Rohtagi ensues. Justice Sikri says he is allergic to these kinds of arguments.

Singhvi: Defer the swearing-in from 9.30 to 4.30. Just consider, what if I’m right? This is not the right thing to do

Update at 4:21:

Singhvi argues.

Supreme Court says they will give time to the BJP to respond and hear the plea.

Update at 4:20 am:

Supreme Court refuses to restrain Yeddyurappa's swearing-in.

Supreme Court says 'will make swearing-in subject to floor test'

Update at 4:16 am:

Rohatgi: If Article 356 cannot be injuncted then Article 361 also cannot be injuncted.

Everyday actions of Governor are set aside. Even actions under Article 356 are set aside. This happened in Uttarakhand also. It’s not as if this is not done

Update at 4:13 am:

The arms of this court are long enough. Governments have been set aside. What is the swearing in of one chief minister?

Update at 4:06 am:

Justice Bobde: You mean that his order can be set aside but his actions cannot be injuncted? His actions are amenable?

Rohatgi: Of course. His actions have to be amenable otherwise he will be a 'badshah'. But at the same time you can’t stop him from discharging his duties. 

Justice Bobde: So we can reverse the action of a Governor but not restrain his power to pass an order.

Rohatgi: It is unheard of to efface the Governor or the President through an injunction.

Rohatgi: Remove Yeddyurappa as a CM later if you want. But you can’t question the governor.

Update at 4:04 am:

Rohatgi: A Governor can’t be called to court. A notice can’t be served onto him. He can’t be asked to file an affidavit. His actions need to be defended by the Centre. Unless he chooses to waive his immunity.

Here's what the Congress had said about what the Governor can and cannot do in its petition - 

Update at 4:02 am:

Rohatgi: The job of the Governor is to give the oath. The principle on which the court works is that you can set it aside if it’s wrongly administered. But you can’t restrain him.

Update at 4:01 am:

Rohatgi: Next thing will be restraining the President from signing a warrant

Will you injunct a President from addressing a joint address to the Parliament?

Update at 4:01 am:

Rohatgi: We are talking of a constitutional functionary trying to discharge his constitutional functions. 

Justice Bobde: You mean it’s like restraining a Court from sitting and hearing a matter. 

Rohatgi: Exactly!

Update at 3:59 am:

Mukul Rohatgi: Can the Governor be restrained? They are trying to dilute a constitutional process and restrain a constitutional functionary from discharging his duties.

His swearing-in can always be reversed.

Update at 3:57 am: 

AG concludes.

Mukul Rohatgi begins. Says I am asking for dismissal of this case. 

Supreme Court clarifies that AG is appearing before the court on request of the Supreme Court. Supreme Court asked for AG’s assistance. Sent a car to get him to court.

Update at 3:52 am:

A-G: Leave the question on the number of days open till Friday. We can produce the letter and you can decide accordingly.

Supreme Court asks Singhvi who the petitioners are? Singhvi answers Congress Pradesh president and Kumaraswamy

Update at 3:49 am:

Mukul Rohatgi: If you want to consider 7 days or 10 days or 15 days we can see it tomorrow. It does not need to be debated at 4 am in the morning.

The issue of how many days have been granted is not relevant. It can be debated after 24 hours when everyone has an opportunity.

Update at 3:48 am:

Justice Sikri: If this was a fluid situation we would’ve understood. But the figures don’t say so. 

A-G: Your lordship does not know the figures.

Update at 3:48 am:

A-G: No irreversible damage is done. If he fails to form the govt and the floor test fails then they have a walkover. But what if he succeeds?

Update at 3:36 am:

A-G: There is no affidavit to say on what basis he decided that he can form the govt. It is an area of darkness. So it needs to be put before your lordships. In the meantime, if the swearing-in happens, what is the problem if the petition is decided expeditiously? In 10 or 15 days there will be a floor test.

In 10-15 days they will know if he has been able to form a govt

Update at 3:44 am: 

Justice Sikri: Then the Governor could have waited. 

A-G: But we have no idea what has happened. We don’t know if the signatures have been reproduced by INC. This swearing in is not irreversible. It’s reversible by you.

Update at 3:42 am: 

Justice Sikri: There is no doubt that BJP is the single largest party. But INC + JD(S) outweigh you. We know it’s all a hunch now. But otherwise, the metric as such defies possibility of 112 for you.

Update at 3:41 am:

A-G: We don’t know what transpired on 15th and 16th. 

Justice Sikri: The other side has given signed letters. And they’re showing 117. So how can you have 112 or more. 

A-G: They took this letter but a number of these signatures were not genuine

Update at 3:38 am:

Justice Bobde: Can the oath be given to the members without the swearing in of the CM?

A-G: There is no such provision in the Constitution. It will be highly unorthodox if the assembly is brought into existence without a govt in power. Procedure followed is: first the swearing in of the CM happens.

Update at 3:36 am:

Former A-G Mukul Rohatgi objects. Says we didn’t know anything. We saw it on the TV and came. Why is this hearing happening at midnight? Last midnight hearing that happened was Yakub Memon. What heavens are falling if someone is sworn in? Can’t it be set aside?

Rohatgi says 'this hearing at midnight should never have been allowed.'

A-G continues with arguments.

Update at 3:35 am:

Justice Sikri: Can you not give us a copy of the letter? (Yeddyurappa's letter staking claim)

A-G: I don’t have it

Update at 3:34 am: 

A-G KK Venugopal, arguing for the Centre, begins: We don’t know what transpired when meetings took place between BJP party and the governor.

The whole thing is a grey area. It is in the realm of speculation. Suppose he was able to show there were other MLAs from other parties...

(The Congress, in its writ petition, had written the above about the BJP using the Governor to form a government in Karnataka)

Update at 3:33 am: Singhvi concludes: How can a Governor give time of 15 days in a 104-116 equation? It doesn’t make sense even with the wildest calculations

Update at 3:31 am:

Singhvi: Governor said Yeddyurappa sent a letter saying I am the leader of BJP. Not BJP along with some other party

Update at 3:39 am:

Singhvi: Claim of Yeddyurappa is only on the basis of being the leader of the BJP.  On the other hand, Kumaraswamy backs his claim with majority. Yediyurappa is claiming majority only by his own party. 

Justice Bobde: How else will he claim?

Judge: How do you know he doesn’t have MLAs backing him?

Singhvi: Until that’s clear we should defer the swearing in by at least two days

Update at 3:28 am:

Singhvi: Irrespective of anything to do with the merits of the case, the fact that 3 judges of the Supreme Court can hear a case from 2 am to 4 am is a huge victory for democracy.

Update at 3:25 am:

Here's what Article 361 says - 

Update at 3:21 am: 

Singhvi: (on a lighter note) We give the horse a bad name by calling it horse trading. It’s humans trading.

Update at 3:19 am: A section in the Congress' writ petition - 

Update at 3:16 am:

Singhvi asks for deferring of swearing in and Says “you are not restraining the Governor. You’re restraining the person hoping to be sworn in.”

Update at 3:14 am:

Singhvi: Immunity rented by Article 361 does not take away the power to the court to examine the validity of his actions. Exercise of government duties by a Governor is fully under the power of judicial review.

Singhvi: Exercise of government duties by a Governor is fully under the power of judicial review.

Update at 3:11 am:

Singhvi: Governor has acted without the aid and advice of the cabinet. When a President’s rule can be stayed by the court, why not this?

Update at 3:08 am: 

Singhvi - The contention that a Governor’s decision is final and not subjected to judicial review cannot be expected.

Update at 3:07 am: Republic accesses the Congress' writ petition. A relevant portion of the 45-page document reads as follows:

Update at 3:03 am:

Singhvi: Another thing that is often said is that the Governor should look at the ethics of two parties joining together. 

'If a political party with the support of other political parties or other MLAs stakes claim to form a govt and informs the governor, he cannot refuse so based on his subjective assessment. No such power has been vested with the governor or even the president.' - Singhvi quotes Supreme Court judgment to say this

Update at 2:59 am:

Justice Sikri: How can we intervene in this case when you don’t even have the copy of the letter you claim they wrote to the Governor. How can we scrutinise this like this?

Update at 2:58 am:

Singhvi: You can judicially review the governor’s order. 

Justice Bobde: The question is not about judicial review. We cannot pass an injunction on the governor’s order.

Update at 2:55 am: Justice Bobde tells Singhvi that the general trend of the Supreme Court is to not restrain the Governor.

Update at 2:51 am:

Singhvi says INC had 17, BJP had 13. With MGP, a few independents along with Goa forward party, they obtained 20+. Congress challenged this but it was upheld instead.

Update at 2:49 am:

Singhvi says - In Meghalaya, Manipur, Goa - single largest parties were never called. Always A + B were called. Even in Delhi, BJP was the largest but AAP + INC was called.

Singhvi quotes 2017 Goa judgment.

Update at 2:44 am:

Supreme Court bench questions: Who is in charge of Karnataka right now?

Singhvi says: The caretaker government

Update at 2:43 am: 

Justice Bobde: Won’t us restraining the governor create a vacuum?

Update at 2:42 am:

Justice Bobde: Can the Supreme Court restrain a Governor?

Singhvi: It has been done in the past

Update at 2:41 am:

Justice Bobde: The question is if a court of law can stop a Governor’s decision in such a case

Update at 2:40 am:

Singhvi: Anti-defection law does not apply to MLAs.

Justice Bobde: You’re assuming static loyalty

Update at 2:39 am:

Singhvi: Never have I seen for swearing in to be conducted on such short notice. Swearing in is just a formality.

Update at 2:38 am:

Singhvi: Governor has to only see prima facie. 

Justice Sikri: But prima facie also needs to be seen according to which party has the majority seats.

Update at 2:37 am:

Singhvi: The journey from 104 to 114 is impossible unless a party supports the 104. 

Bench: Or if there is a defection.

Update at 2:35 am: 

Justice Bobde to Singhvi - How do you know Yeddyurappa has not claimed majority support and submitted a list of MLAs?

Update at 2:31 am: Singhvi relies on Sarkaria report.

Judge questions the Congress. Says no single party has attained a majority here, neither was this alliance formed before the polls

Update at 2:25 am: Singhvi quotes previous floor tests of Goa, Jharkhand and UP.

'It is unheard of to give a person with 104 seats 15 days to form the govt'

'In 15 days using one word that “starts with M”, 104 can be converted to 115'

'Inviting a 104 person over a 116 person is adding insult to injury'

Update at 2:23 am: Singhvi quotes Bommai and Rameshwar Prasad judgments.

'The moment there is a group of parties in larger numbers it is a negation of democracy to not call them.'

Update at 2:20 am: A-G, Former A-G, 2 ASGs in court representing Central government

Singhvi: 'In Goa, Congress said 'call upon the single largest party'. But a post-poll alliance led by the BJP was upheld by the Supreme Court.

The governor in calling someone to form the govt cannot be whimsical.'

Update at 2:18 am: ASG Maninder Singh also in court.

Singhvi: 'At 9 pm the Governor sent a letter saying Yeddyurappa will be sworn in at 9 am.

Clear rule is that a person with absolute majority should be allowed to stake first. This is a rule by convention. However, when you don’t have an absolute majority, the rule is largest party or group of parties who stake a claim should be called upon'

Update at 2:13 am: 

A-G KK Venugopal arrives at the Supreme Court

Meanwhile, in court:

Singhvi: 'On May 15 at 3 pm, the Pradesh Congress chief wrote to the governor that we are supporting JDS. Kumaraswamy said 'I’m accepting the support and staked claim to the post of the CM.'

On May 16, in the morning around 10 am, the Congress legislature party passed a resolution in the sitting of all its MLAs resolving to support JDS

Again, yesterday, around 5.30, Kumaraswamy met the governor and gave a letter enclosing signatures of the MLAs

Congress sent a similar letter with the signatures of its own MLAs'

Update at 2:11 am: 

Singhvi - 'Assembly effective strength after some elections not held is 222'

Rohtagi objects - 'Says no injunction can be issued to the governor. Says there is a bar under Article 361'

Bench notes objection. Allows Singhvi to continue arguing.

Singhvi: 'On 222, midway is 111. You need 112. We are 117. BJP is 104. These are figures of those elected'

Update at 2:10 am: Judges arrive in courtroom. Singhvi begins and thanks them for allowing the hearing. 

Update at 2:06 am: As per sources, ASG Tushar Mehta who is appearing for the Centre, is to argue along the following lines -

On the basis that the decision of the governor cannot be questioned. That decision of the governor cannot be questioned unless it is proven prima facie to be based on extraneous grounds or malafide intent. He will rely on the report by the Commission on Centre-State relations by Justice RS Sarkaria

Update at 1:53 am: Hearing to take place at Court no. 6

Update at 1:52 am: 'The new assembly has been constituted. Why was there a hide and seek game? At 9 pm the Governor extends invitation, and at 9 am is the swearing. It's fishy', says JD(S)' Kunwar Danish Ali outside the gates of Eagleton Resort in Bengaluru

Update at 1:49 am: Hearing to begin at 2 am

Update at 1:45 am: 'Governor has called the largest party. If the largest party can make a government, it will, and if it can't then a second party will be called. In the Goa judgment, the Congress didn't state its case. That's the difference', says former Attorney General Mukul Rohatgi before entering the courtroom

Update at 1:39 am: A picture of Abhishek Manu Singhvi along with his juniors on their way to the Supreme Court for the midnight hearing - 

Update at 1:33 am: Additional Solicitor General Tushar Mehta arrives at Supreme Court to represent Central government

Update at 1:30 am: Abhishek Manu Singhvi arrives at Supreme Court. He will be arguing the case for the Congress

Update at 1:25 am: Additional Solicitor General Tushar Mehta to represent the Central government in the Supreme Court

Update at 1:23 am: 3-judge Bench to hear plea at 1:45 am. Watch LIVE here. 

Late-night legal efforts by the Congress party to scupper Yeddyurappa's swearing-in as Karnataka chief minister, scheduled for Thursday morning at 9:30 pm, appear to have yielded fruit as the Supreme Court has agreed to hear the party's plea.

Republic TV had accessed the petition by the Congress' G Parameshwara and the JD(S)' Kumaraswamy which had sought the following:

(a) That the Supreme Court passes an appropriate order declaring that the action fo the Karnataka Governor inviting Yeddyurappa to form the government on May 17 (Thursday) as unconstitutional, arbitrary, illegal, void-ab-initio and violative of Article 14 of the Constitution of India and accordingly quash the same.

(b) Pass an appropriate order to the Governor to invite the alliance of the JD(S)-INC which has the support of more than 112 MLAs to form the Government under the leadership of HD Kumaraswamy.

READ | Congress Rushes Late-night Petition To Supreme Court Seeking Quashing Of Karnataka Governor's Invitation To Yeddyurappa

Accordingly, after the Congress' lawyers took the petition to the Supreme Court registrar who took it to the CJI, the Supreme Court agreed to hear the Congress' petition at 1:45 am on Thursday in Court No. 2. The plea will be heard by Justices Sikri, Bobde and Bhushan.

Congress' Abhishek Manu Singhvi will argue the case for the Congress and tweeted his appreciation to the Supreme Court, writing the following:

Find the quickest updates on everything that happens in the Supreme Court LIVE, here.

Here's what Abhishek Manu Singhvi tweeted before the Supreme Court agreed to hear the case:

Meanwhile, the Congress and the JD(S) which formed a post-poll alliance and have claimed a majority have attempted to protect their MLAs from allegedly being 'poached' by the BJP.  The Congress has lodged its MLAs in the Eagleton Resort on the outskirts of Bengaluru.