The Congress's case was that the decision of the governor inviting BS Yeddyurappa to be appointed as the chief minister of Karnataka and granting him 15 days to prove his majority was unconstitutional, arbitrary, illegal and violative of Article 14.
Congress President Rahul Gandhi tweeted on Thursday, "The BJP's irrational insistence that it will form a Govt.in Karnataka, even though it clearly doesn't have the numbers, is to make a mockery of our Constitution". We will have to wait and see who among the members will be chosen into the Ministers' cabinet. Singhvi also cited instances of Meghalaya, Manipur, Goa, Delhi, Jharkhand and J&K as precedents of post-poll alliances being invited to form governments. "Based on recent developments, if BJP can be given chance to form the government, why not us?" he said.
The court, during the hearing, also asked was it not a convention that the single-largest party gets invited by governor to form government and prove majority.
The newly elected JD (S) MLAs are staying at a hotel in Bangalore. He questioned the 15 days time given to Yeddyurappa for proving majority saying the Supreme Court had earlier said "to give such time is to encourage the Constitutional sin of poaching..."
Several top leaders of the Congress, including Ghulam Nabi Azad, Mallikarjun Kharge and Ashok Gehlot sat on dharna and were later joined by JD (S) chief HD Deve Gowda and the combine's chief ministerial contender HD Kumaraswamy.
As suspense over government formation in Karnataka continues, the Congress, anxious about losing its lawmakers, has chose to move them to a five-star resort. Singh could not be reached for comment, but he is not one of the signatories in Congress letter of support that was submitted to the governor on Tuesday.
Senior advocate Mukul Rohatgi, representing the BJP and Yeddyurappa, said no injunction can be issued to the governor and objected to hearing of the matter at midnight.
Shastri said the result also cast the Congress party deeper into electoral decline.
President MK Stalin on Thursday said that Prime Minister Narendra Modi has misused the office of the Governor to form the government in Karnataka.