In an unusual early morning hearing the Supreme Court refused to stop the swearing in of BJP's BS Yeddyurappa today morning, but wanted him produce the letters written by him to the governor on May 15 and 16, staking claim to form government.
The hearing in court number 6 of the Supreme Court began after Abhishek Manu Singhvi filed a petition on behalf of the Congress-JD(S) alliance.
The Bench of Justices A K Sikri, S A Bobde and Ashok Bhushan said the next hearing would be at 10:30 am on Friday, May 18.
"As far as swearing-in is concerned, we are not restraining it, but we are making it subject to the outcome of the case," NDTV quoted the bench as saying.
While Singhvi argued that it was as simple as 104 seats from the BJP against 116 from the Congress-JD(S) alliance, Mukul Rohatgi who was appearing for the BJP brushed off criticism saying there was no proof that the BJP did not have the numbers.
Rohatgi was quoted by Bar and Bench as saying, "I was woken up from sleep at midnight. This petition should never have been taken up at midnight. Will heavens fall if somebody is sworn in?"
The apex court also questioned the basis on which Yeddyurappa was invited to form government.
NDTV reported the court as saying "the arithmetic defies in what way he was invited". The bench also wondered how BJP would prove majority crossing the half way mark, 112, when Congress-JD(S) had 116 MLAs.