As B.S. Yeddyurappa took oath as the chief minister of Karnataka, senior lawyer Ram Jethmalani moved Supreme Court against Governor Vajubhai Vala's decision to invite BJP to form government in the state.
Jethmalani mentioned the matter before a bench of Chief Justice Dipak Misra, justices A.M. Khanwilkar and D.Y. Chandrachud, saying that he is appearing in the case in his personal capacity and not representing any party.
The chief justice told him to mention the matter before the appropriate bench when it is taken up on Friday.
Jethmalani, who had taken retirement from law practice, told the bench that the Karnataka Governor's order is a "gross abuse of Constitutional power".
Yeddyurappa was sworn in as the chief minister a few hours after the Supreme Court, after a rare pre-dawn hearing, refused to issue a stay order on a petition filed by the Congress MLAs.
The apex court, which commenced the hearing at 2.11 am and ended at 5.28 am, however made it clear that the swearing-in and the government formation in the state would be subject to the final outcome of the case before it.