Congress-JDS (again) approaches SC to restrain #BSYeddyurappa from nominating Anglo-Indian before floor test

Hours after the Supreme Court heard a petition relating to the Karnataka elections, an application has now been filed in Supreme Court, praying that newly sworn in Chief Minister BS Yeddyurappa be restrained from appointing a member of the Anglo-Indian community as an MLA until a floor test is conducted..It has been revealed that this application will be heard along with the main petition challenging the Governor’s decision to invite Yeddyurappa to form the government. That matter will come up before the Bench of Justices AK Sikri, SA Bobde and Ashok Bhushan at 10:30 am tomorrow..The Congress-JDS alliance has filed the application apprehending the possibility that Yeddyurappa’s BJP may attempt to influence the Governor of Karnataka to nominate an Anglo-Indian MLA in a bid to increase their strength in the State Assembly..Article 333 of the Constitution of India empowers the Governor of a State to nominate a member of the Anglo-Indian community to the Legislative Assembly if he is of the opinion that the community is not adequately represented therein..The application states,.“It is submitted that the power of the Governor under Article 333 cannot be exercised on the aid and advice of Respondent No 3 who is yet to undertake the floor test. The Respondent No 3 does not have legal, moral or constitutional authority to advice the Governor to exercise his power under Article 333.”.It is also stated that the BJP does not have the required majority to form the government, having only 104 members. On the other hand, the Congress-JDS alliance, the application claims, has 116. As per the applicants, the respondents are,.“…now attempting to nominate an Anglo Indian MLA to fill nominated seat immediately to illegally raise their strength in the House with a view to outnumber the Petitioners who enjoy support of majority of the elected legislators being 116 in number.”.The application also mentions that the All India Anglo Indian Association has written to the Governor asking that the Constitutional rights of Anglo-Indians may not be exploited for political purposes and that any nomination may be made only after the floor test..Therefore, it has been prayed that Yeddyurappa be restrained from nominating or recommending any member of the Anglo-Indian community prior to the floor test..Read the application: