The Hindu : Front Page : Thakur submits final report

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Wednesday, Nov 07, 2007
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Thakur submits final report

P. Sunderarajan

BJP-JD (S) combine presents 125 legislators before President

I have consulted legal luminaries: Governor
Delay is ‘mala fide’, says JD(S)-BJP memorandum

— Photo: Shanker Chakravarty

Show of strength: BJP-JD (S) leaders, including the former Karnataka Chief Minister, H.D. Kumaraswamy, the former Deputy Chief Minister, B.S. Yeddyurappa, M. Venkaiah Naidu and Ananth Kumar, address the media outside the Rashtrapati Bhavan on Tuesday.

NEW DELHI: Karnataka Governor Rameshwar Thakur on Tuesday sent his final report to President Pratibha Patil on the Bharatiya Janata Party-Janata Dal (Secular) combine’s demand to form a government in the State.

The combine presented 125 MLAs before the President to show that it enjoyed the support of the majority of legislators in the Assembly.

The delegation included senior BJP leaders Venkaiah Naidu, Ananth Kumar and Yashwant Sinha, the party’s chief ministerial candidate, B.S. Yeddyurappa, and JD (S) leader and former Chief Minister, H.D. Kumaraswamy.

Mr. Thakur told journalists that the final report was prepared after studying carefully all aspects in consultation with legal luminaries, including two former Chief Justices of India, former Chief Justices of the Karnataka and Kerala High Courts and former Advocate Generals of Orissa.

“It is the final report. It was prepared after considering all aspects and taking into consideration all Supreme Court judgments, including that on the Bommai case, and the circumstances surrounding the present case,” he said.

Copies were sent to the Vice President, Prime Minister, the Law Ministry, Home Ministry and other constitutional authorities. He said he had recommended follow-up action but won’t elaborate.

Mr. Thakur called on the President immediately after the BJP-JD(S) delegation met her. “I met her in my capacity as the National Bharat Scouts and Guides president, and it has nothing to do with the political developments,” he said. Earlier, he met Union Home Minister Shivraj Patil.

The BJP-JD (S), in a memorandum to Ms. Patil, said the Assembly was placed under suspended animation with the aim of seeking parliamentary ratification for President’s Rule as per the judgment in the Bommai case and using the interim period to explore the option of forming a popularly-elected government.

Terming the delay on the part of the Governor and the Centre in revoking President’s Rule that would facilitate Mr. Yeddyurappa to form a government “mala fide,” the delegation urged Ms. Patil to take steps to ensure compliance with the constitutional provisions.

The Supreme Court made it clear in the Bihar Assembly dissolution case that the shifting stands of political parties could not be a ground for dissolution of the Assembly. It clearly held that if a political party or MLAs satisfied the Governor on majority, the Governor could not refuse the formation of a government, the memorandum said.

The apex court also held that a political party, prima facie, having the majority should be permitted to continue with the government or be allowed to form a government, as the case may be, and that in both categories, the majority shall have to be ultimately proved on the House floor, it said.

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