"Constitution provides them complete power to appoint anyone the CM, but Guv is expected to choose the person, who in their judgement, is in a situation to gain majority in the assembly", Kashyap said.
The BJP, on the other hand, is eight seats short of the 112-halfway mark needed for a simple majority. The Congress managed to get 78 seats only, which is 44 seats lesser than the last time Karnataka went to polls in 2013.
In response to the decision, politicians from the Indian National Congress party, which had been in control of the state prior to the election, delivered a petition to the Supreme Court Thursday morning, in a bid to stop the formation of the BJP government in the state.
After Vala invited Yeddyurappa to form the new government in the state, the Congress approached Supreme Court Chief Justice Dipak Misra on Wednesday night seeking an urgent hearing on the matter. The JD-S and the Congress leaders submitted a list of support of 117 MLAs. This majority is a tricky issue and it is for this reason that though the Congress was the single largest party both in Goa and Manipur, it could not form its government, since though it was the largest, it did not have the majority.
As Yeddyurppa faced an uncertain future and the BJP looked for a leader with a formidable reputation to lend its campaign the required heft ahead of the 2014 Lok Sabha polls, the two cosied up to each other. "If the BJP indulges in horse trading I will not sit quiet". In a tweet, he also expressed hope that the new BJP government in the state under Prime Minister Narendra Modi's guidance will fulfil people's aspirations. While Azad then spoke to Sonia about the prospective alliance, Mayawati called up JD (S) chief HD Deve Gowda and convinced him. However, few hours later, parties said all but one legislator were on board. Well, that's the weighty responsibility the leaders of Congress and JDS will have until the day when BS Yeddyurappa proves his majority on the floor of the house.
The Supreme Court said that it can't overturn the decision of the Governor without seeing on what basis the BJP had claimed to have the numbers.
In its midnight legal push, the Congress and JD (S) approached the Supreme Court seeking an immediate intervention by the chief justice to stay the move, which it termed as an "encounter of the Constitution".
Top sources in the BJP had already confirmed to Asia Times that the governor would invite the BJP to form a government after the tight poll result. The BJP increased its tally by 65 seats. Having disregarded the claim of a coalition with requisite numbers, he has gone ahead and invited a party in minority.
"The regional parties are clear", an opposition leader said. As chief minister, Modi gave Vala the most important portfolios - finance, revenue, employment and labor.
"The constitutional position is that it's entirely up to the governor of the state to decide", said Subhash Kashyap, the former secretary general in India's lower house of Parliament.
Analysts have highlighted the personal role of Modi in swaying the Karnataka electorate and taking the BJP to the verge of a historic swing.