[Sanghi logic!
What shamelessness!

They should start a new global award: 'Guru Golwalkar Prize', for the most
brazen lie!
This Venugopal should be its first awardee!

《KK Venugopal, the centre's top law officer, suggested that this may not be
the case. "Defection is one member crosses to other party. ***Defection law
won't apply before elected member [on a particular party ticket] is sworn
in as MLA*** [emphasis added]," he said.
The Supreme Court did not put Mr Yeddyurappa's swearing-in on hold but
wasn't entirely convinced by this argument. "You mean before swearing-in
MLAs can switch sides?" the court asked, wondering how the BJP intended to
cross the majority mark of 112.》]

https://www.ndtv.com/india-news/bs-yeddyurappa-case-in-supreme-court-defection-law-wont-apply-before-oath-centres-justification-in-c-1853229

"Preposterous": Court On Centre's Argument On Defection Law In Karnataka
The Congress filed the petition late last night asking the Supreme Court to
stop the swearing-in of BJP's Yeddyurappa as Karnataka Chief Minister All
India | Reported by A Vaidyanathan, Edited by Aloke Tikku | Updated: May
17, 2018 12:24 IST

'Preposterous': Court On Centre's Argument On Defection Law In Karnataka
Attorney General KK Venugopal had opposed the Congress' petition against BS
Yeddyurappa's hearing

NEW DELHI:

HIGHLIGHTS
Congress challenged Yeddyurappa oath in top court late on Wednesday
Congress says has 116 MLAs with JDS, BJP, at 105, doesn't have majority
Anti-defection law won't apply if MLAs switch sides before oath: centre

 The anti-defection law, which bans lawmakers from switching parties, does
not apply to Karnataka's newly-elected legislators if they haven't been
sworn in yet, the centre argued in a post-midnight Supreme Court hearing on
Congress' petition after BJP's BS Yeddyurappa was invited by the governor
to form government and also given 15 days to prove his majority.

Calling the argument "preposterous", the court said in the hearing that
went on till dawn, "It means open invitation to horse-trading."

The BJP has 105 lawmakers, including an independent, and is seven short of
a majority. The party, however, has won this round against the
Congress-Janata Dal Secular, which together have 116 lawmakers.

Abhishek Manu Singhvi, who had filed the petition for the Congress-JDS
alliance, argued before three judges that the BJP could not claim to get a
majority unless it claims it will encourage lawmakers to defect. To this,
the court said this would be covered by anti-defection law.

KK Venugopal, the centre's top law officer, suggested that this may not be
the case. "Defection is one member crosses to other party. Defection law
won't apply before elected member is sworn in as MLA," he said.

The Supreme Court did not put Mr Yeddyurappa's swearing-in on hold but
wasn't entirely convinced by this argument. "You mean before swearing-in
MLAs can switch sides?" the court asked, wondering how the BJP intended to
cross the majority mark of 112.

"The governor can't negate democracy... The other side has 104 members and
this side, 116.... It is elementary common sense on numbers (which one is
greater)," Abhishek Singhvi had countered before a bench comprising
Justices AK Sikri, A Bobde and Ashok Bhushan.

The court wondered how BS Yeddyurappa had claimed the support of more than
half the lawmakers if the Congress-JDS alliance has 116 members. The court
said they hadn't seen his letter to the governor but "the arithmetic defies
in what way he was invited".

Mr Venugopal and Mukul Rohatgi, the government's former top law officer who
said he was representing two BJP legislators, had asked the Supreme Court
to dismiss the Congress petition, insisting that the court could not stay
the governor's decision.

"Heavens won't fall if someone is sworn in. Last time, Supreme Court heard
in night, the case related to hanging of Yakub Memon", Mr Rohatgi argued.

Mr Rohatgi said the Karnataka case was very different from the one in Goa
last year, which had also reached the Supreme Court. In Goa, the Congress
had emerged the largest party but the BJP and its allies were invited to
form government.

Mr Rohatgi said Goa governor Mridula Sinha had invited the BJP's Manohar
Parrikar only because the Congress did not stake claim.

-- 
Peace Is Doable

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