Even as the Congress-JDS combination has the numbers in the Karnataka Assembly, Governor Vajubhai Vala gave the opportunity of forming the government to BS Yeddyurappa, who was sworn in as the chief minister in the morning, leaving Kumaraswamy fuming. The JDS leader had requested Governor to invite him as he headed a coalition that had a majority in the assembly. With BJP still short of majority in the Assembly, the BJP will be hoping to lure some MLAs from other parties or else hope there are abstentions in the assembly on the day Yeddyurappa has to prove his majority. He has 15 days to do so.

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The swearing in happened after the Supreme Court refused to step in to stop the Governor from implementing his decision. The only one to be sworn in was Yeddyurappa and no other minister. BS Yeddyurappa was sworn in as CM for the first term on November 12, 2007 and he stayed in the chair till November 19, 2007; the second time was from May 30, 2008 to July 31, 2011. He was sworn in as CM at 9 a.m. Former CM Siddaramaiah had resigned on the day the Karnataka election result was announced.

The 75-year-old Yeddyurappa, was administered the oath of office and secrecy at a Raj Bhavan ceremony. This was after JDS-Congress post-midnight bid in courtroom to stall government formation failed. The BJP has 104 MLAs in the House, eight short of the magic figure of 112.

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Apex court refusef to deferrthe swearing-in by saying, "As far as swearing-in is concerned, we are not restraining it, but we are making it subject to the outcome of the case." This was announced by a three-judge bench, comprising justices A K Sikri, S A Bobde and Ashok Bhushan. This continued till early morning. The hearing lasted for more than three hours after having started at 2.11 am. The bench posted the matter for further hearing on Friday morning. Apex court wants the letter sent by the BJP to the governor for forming the government be placed before it. It said it will peruse the letter as it was necessary to decide the matter. SC also issued notices to the Karnataka government and Yeddyurappa.

Highlights of SC order

1. A bench of Justices A K Sikri, S A Bobde and Ashok Bhushan was specially convened at "odd hours" to hear the petition which challenges the Governor Vajubhai Vala's communication to Yeddyurappa to be sworn in as CM.
2. The bench noted that it is necessary to peruse the letters dated May 15 and May 16 submitted by Yeddyurappa to Governor for claiming stake for government formation.
3. It requested Attorney General K K Venugopal, appearing for the Centre and Yeddyurappa to produce these letters on next hearing tomorrow at 10.30 am.
4. The court made it clear that its order allowing swearing-in and government formation by the BJP in Karnataka is subject to the outcome of the case before it.
5. SC issued notices to the Karnataka government and Yeddyurappa as it was clarified by senior advocate Mukul Rohatgi that he was appearing for three BJP MLAs -- Govind M Karjol, C M Udasi and Basavaraj Bommai.