New Delhi > The Akhil Bharat Hindu Mahasabha (ABHM) today moved the Supreme Court seeking quashing of Karnataka Governor Vajubhai Vala's decision to invite JD (S) leader H D Kumaraswamy to form government, alleging that post-poll alliance of Congress-JD (S) was a "fraud" on the electorate.
On May 19, the apex court had ordered live telecast of the crucial floor test in the Karnataka Assembly to ensure "transparency" and later that evening, Chief Minister B S Yeddyurappa had resigned without facing the trust vote on the floor of the House. Following his resignation, the Congress-JD (S) combine headed by Kumaraswamy was invited to form government. He is slated to take oath as Chief Minister on May 23.
Elections held on May 12 to 222 of the 224 seats had resulted in a hung assembly with the BJP getting 104 seats, the Congress winning 78 and JD(S) 37. Polling in two seats will be held later. The Congress-JD(S) combine, a post-poll alliance, claimed the support of 117 MLAs, including one from the BSP, and two others.
The Hindu outfit, in a plea filed through ABHM general secretary Munna Kumar Sharma, has sought quashing of the Governor's decision to appoint Kumaraswamy as the chief minister. The plea, filed through lawyer Barun Kumar Sinha, has sought a declaration that the post-poll Congress-JD (S) alliance is a "fraud on the electorate and violative of the Constitution ... whereby electorate have been misled and deceived by both the political parties."
"Such fraudulent, opportunist, collusive, tactics between these two political parties have defrauded the electorate of the state of Karnataka which is against the basic structure of the Constitution of India," the plea said.
The plea has claimed that the Governor was bound to consider the concept of popular government in a parliamentary democratic system and the "opportunistic post-poll coalition has to be disregarded by the Governor keeping in view the people's will".
"A political party which has no mandate of the people of Karnataka to form popular government, cannot stake claim with support of another political party who has also been voted out of power by the people of Karnataka," it said.
