Bengaluru: With Karnataka election results having delivered what now looks all set to be leading to a hung assembly, all eyes are now at the Raj Bhavan in Bengaluru where Governor Vajubhai Vala will decide which party forms the next government in Karnataka.
As the buzz around the Congress, which is leading from 78 seats, and the Janata Dal (Secular), ahead on 38 seats, staking claim to form government in the state gathers pace, top constitutional experts say it is the Governor who holds the discretion to invite anyone to form a government.
As per the Sarkaria Commission recommendations, which were affirmed by a Constitution Bench of the SC in Rameshwar Prasad v Union of India in 2005, here are the option for the governor in case of a fractured mandate:
1. The governor can invite an alliance of parties that was formed prior to the elections.
2. The governor can invite the single largest party which stakes a claim to form the government with the support of others, including independents.
3. The governor can invite a post-electoral coalition of parties, with all the partners in the coalition joining the government.
4. The governor can invite a post-electoral alliance of parties, with some of the parties in the alliance forming a government and the remaining parties, including independents, supporting the government from outside.