The Karnataka election results are out and its a hung assembly. The BJP has emerged as the number 1 party and is just short of a simple majority. The Congress is the big loser, but along with the JD(S), it has just enough numbers to claim the majority. However, there are also reports of break-away MLAs from both JD(S) and Congress. Keeping that aside, if the official numbers hold, who should the Governor call?

Out first expert is Congress leader Randeep Surjewala. In 2017, when a similar situation was seen in Goa, only the Congress was the largest party, Surjewala had opined that the single largest party should be called, which in Karnataka’s case will be BJP:

9 Judges S.R.Bommai’s case clearly decided that ‘single largest party has to be called to form the Govt’. Why is Modiji trampling democracy? pic.twitter.com/Vd5LDIAuNW — Randeep Singh Surjewala (@rssurjewala) March 14, 2017

Sagarika Ghose claims to base her view on the very same Bommai case, and has a totally different view as compared to the above view:

Bommai judgement: When no party has numbers. 1) Governor first needs to call the pre poll alliance, 2) if no pre-poll alliance then the post poll alliance 3) if they also can’t prove, only then single largest party — Sagarika Ghose (@sagarikaghose) May 15, 2018

Coming back to Surjewala, he today has a different view:

1/n

As Congress-JD(S) win 95 seats & lead in 20 seats, absolute majority for the coalition is clear. Coalition also has 56% vote share. Coalition leaders meeting the Governor shortly to stake claim as per established constitutional norms in Karnataka’s interests. — Randeep Singh Surjewala (@rssurjewala) May 15, 2018

- Advertisement -

His view though matches with Arun Jaitley’s view from a year ago!

In a hung assembly, if majority of the elected MLAs form a coalition, the Governor would be constitutionally right (1/2) — Arun Jaitley (@arunjaitley) March 13, 2017

in inviting the leader of the majority coalition to form the government and prove their majority within a short period. (2/2) — Arun Jaitley (@arunjaitley) March 13, 2017

Coming back to Sagarika, her husband though holds a different view. Interesting dinner conversation then?

Single largest party doesn’t have a consti right to be invited first to form a govt, but should be asked if it has the numbers. #GoaGames — Rajdeep Sardesai (@sardesairajdeep) March 14, 2017

Even the founder Editor of the Wire has changed his views. In Goa, it was “subversion of a popular verdict”

How to subvert a popular verdict. https://t.co/rRSToK1m7p via @thewire_in — Sidharth Bhatia (@bombaywallah) March 12, 2017

Today, we hear more about “legal precedent”

Today I heard anchors and pundits say: politics is the art of the possible, Cong is not nimble enough etc. Now the word ‘morality’ is being thrown about by some of them, despite there being legal precedent — Sidharth Bhatia (@bombaywallah) May 15, 2018

So what is the final answer? It’s complicated. You may like to read these pieces for a bit of history on this issue.