Memorandum by the BJP & JD(S) joint legislature party of Karnataka

To,

Her Excellency Hon'ble Rashtrapati ji
Rashtrapati Bhawan
New Delhi

Your Excellency,

We, the overwhelming majority of the Members of the Karnataka Legislative Assembly belonging to the BJP and the JD(S) and independents are constrained to approach Your Excellency to strongly protest against the malafide inordinate delay in inviting the BJP and JD(S) to form the government in the state.

The Karnataka assembly was kept under suspended animation pursuant to a presidential proclamation under Article 356 of the Constitution on 9th October 2007. The assembly was not dissolved. The assembly was kept under suspended animation only with the twin objectives of seeking Parliamentary ratification for the proclamation as per the judgement of the Hon'ble Supreme Court in the well known S R Bommai case and also using the interim period for exploring the possibility for the formation of a popularly elected government in the state so that the assembly may ordinarily complete its five year tenure. The well recognized and well settled constitutional norm is to permit the popularly elected assembly to complete its five year tenure unless it becomes otherwise not possible to run the state in accordance with the Constitution.

Hon'ble Rashtrapatiji, the BJP and JD(S) legislators alongwith their State Party Presidents met the Hon'ble Governor of Karnataka on the 27th October 2007 and informed him about their decision to form a government headed by Shri B S Yeddyurappa. We were hoping that the Governor would recommend revocation of President's rule but unfortunately till date this has not happened. Again on 29th October 2007, 129 MLAS of the BJP and JD(S), much beyond the halfway mark of the assembly, whose effective strength today is 224, met with the Governor and submitted a signed Memorandum alongwith individual letters and affidavits promising unconditional support to Shri B S Yeddyurappa in the formation of the government.

Before that, a letter dated 28th October 2007 submitted on 29th October 2007, by Shri H D Kumarswamy leader of the JD(S) Legislative Party in the Karnataka Legislative Assembly to the Hon'ble Governor whereby he declared unconditional support to the BJP and the JD(S) coalition government under the leadership of Shri B S Yeddyurappa. Apart from this, senior party leaders including Smt Sushma Swaraj, Shri Yashwant Sinha and Shri Ananth Kumar have met with the Governor on separate occasions and urged him to invite Shri B S Yeddyurappa to form the government at the earliest because he enjoys clear majority.

It is also pertinent to point out that on October 31st 2007 a very high level BJP delegation led by Shri L K Advani, Leader of the Opposition, Shri Rajnath Singh the BJP President and Shri M Venkaiah Naidu alongiwith senior leaders and MPS form Karnataka met with the Hon'ble Prime Minister of India (where the Union Home Minister was also present at the meeting) urging him to ensure the formation of a popular government led by Shri B S Yeddyurappa.

Till today nothing has happened and the delay on the part of the Governor and Union Government in revoking Presidents' Rule and inviting Shri B S Yeddyurappa in forming a government is intriguing. The Congress led UPA government has a history of misuse of Article 356 on several occasions.

It is also highly intriguing that the Hon'ble Governor, who made a public statement in Delhi on 24th October 2007 stating that nobody has come forward to form the government and his priority would be to install a popular government, has so far not moved in this direction despite the BJP and JD(S) combine presenting all its MLAs before him.

Meanwhile the Congress Party has tried its best to split the JD(S) and has also openly declared that they will form the government with the help of the defectors. The Congress, having failed to muster support and organize split in the JD(S) is now publicly declaring and agitating for the dissolution of the assembly. One can understand the opportunistic stand of the Congress Party but what has pained us is the inordinate delay by the Hon'ble Governor raising questions whether this delay is something more than mere constitutional consultation? Is this something more than what "meets the eye"?

The people of Karnataka deserve a popularly elected majority government. Why should the people of Karnataka be denied their right to have an elected government?

The Hon'ble Supreme Court made it clear in the Bihar Assembly dissolution case "that the shifting stands of the political parties cannot be the ground for the dissolution of the assembly and clearly held that if a political party or the MLAs can satisfy the Governor about majority, then the Governor cannot refuse the formation of the government because of his subjective judgement". No such power has been vested in the institution of the Governor. The Court in this case further held that "it is to be remembered that a political party prima facie having majority has to be permitted to continue with the government or permitted to form the government as the case may be. In both categories ultimately the majority shall have to be proved on the floor of the house."

Hon'ble Rashtrapatiji, the constitutional norm governing the exercise of power under Article 356 is now well established beyond doubt in the above S R Bommai judgement. In the words of the Hon'ble Supreme Court "it is not a power conceived to preserve or promote the interest of the political party in power at the centre for the time being nor is it supposed to be a weapon with which to strike your political opponent." We hope that the Governor and the Union Government is obliged to follow this well established judicial verdict by the apex court of the country. Thus, there is no option but to allow Shri B S Yeddyurappa to form the government because he has a clear majority.

We, therefore, are constrained to approach the constitutional head of our nation, to take all the necessary steps to ensure compliance of the Constitutional provisions, follow the spirit of the Supreme Court judgements in the Bommai and the Bihar Assembly dissolution case and take expeditious steps to ensure revocation of the President's rule and formation of a majority and popular government in the state of Karnataka headed by Shri B S Yeddyurappa.

Thanking you,