The court shot down Attorney-General K.K. Venugopal’s suggestion that the floor test be held by secret ballot. Justice Sikri said it would be the call of the pro tem speaker to decide the manner of voting.
Additional Solicitor General Tushar Mehta, for the Karnataka government, stated that the Anglo-Indian nomination to the House would be frozen till the floor test is conducted.
In this regard, Justice Sikri turned to Rohatgi to say “you have to first prove your majority”.
Justice Sikri said the Governor had two documents before him — one, the letter of the Congress-JD (S) combine specifying that they had the majority. The second one from Yeddyurappa merely saying, “I am confident that I will be able to prove majority on the floor of the House and provide a stable government. I have the support of others and requisite majority”.

“One one side, they (Congress-JD(S) combine) gave a letter showing proven majority... On the other, he (Yeddyurappa) has only claimed the majority. On what ground did the Governor opt him over the alliance?” Justice Sikri noted. Mr. Rohatgi termed the Congress-JD(S) a “unholy alliance”.

Senior advocate Kapil Sibal said the Governor’s discretion to invite somebody as Chief Minister is not absolute. “That discretion is circumscribed by constitutional dictum and law,” he said.
Senior advocate Ram Jethmalani, who was permitted to intervene, said the “Karnataka Governor acted as a person and I am ashamed to say that”. Mehta, also for the Mr Yeddyurappa and BJP, submitted that the Governor had never received any signed letter from the Congress showing 78 members’ support.

“My Lords may not order the floor test for tomorrow. Preparations have to be made. A reasonable time should be given,” Rohatgi made a last-ditch effort.

“No comments,” said Justice Sikri, proceeding to dictate the order.