Former AG Mukul Rohatgi who appeared for the BJP questioned the urgency of the matter to hear it at midnight.
The Congress has also protested over the Governor's refusal to go by time-honoured conventions and later day judgements of the top court in not inviting a combine that would have provided a stable government in the state.
This is despite Congress and the JD (S) having bitterly fought against each other in Sunday's election.
"Rs 100 crore figure is not only imaginary but it is what the Congress and Janata Dal-Secular do politics with". We are not in the habit of practising horsetrading. The BJP is claiming that some MLAs from the Congress and the JD (S) are on its side, and the Congress and JD (S) are making counter claims that some BJP MLAs are in contact with them.
JD (S) accepted Congress' support, and even after coming in third, the party seemed set to make their chosen candidate, HD Kumaraswamy, the next chief minister of Karnataka. "If we are not, people will beat us", he told TV channel India Today.
Both the post-poll alliance partners met Vala on Tuesday evening and staked claim to form the new government in the southern state. I have given the letter to the Governor and he would call me.
Kumaraswamy said the Governor told the delegation that after consulting legal experts on the Supreme Court judgments, he would "come to a decision and inform us about it".
During the overnight hearing by the three-judge bench, comprising Justice A K Sikri, Justice SA Bobde and Justice Ashok Bhushan, the letter of support from majority of MLAs submitted to the governor for forming the government had become a major sticking point.
It has also been chose to ferry Congress and JD (S) MLAs to resorts to avoid Operation Lotus and ensure that their flock remains intact.
Sahasrabuddhe, who is on a visit here, said the "credible leadership" of Prime Minister Narendra Modi and the the performance of the BJP government at the Centre were the factors behind the party's performance in the state. If that was the case, the Congress won't have polled 6.4 lakh votes more than the BJP and improved its vote share to 38% from 36.6% in 2013 and 35.13% in 2008. "Our approach to JD (S) will depend on the number of legislators we need to prove majority in the house or win the confidence motion", he said.
Congress' chief spokesperson Randeep Singh Surjewala also hit out at Vala, accusing him of denigrating the governor's office, trampling upon Constitution and abusing law and acting like a "BJP puppet".
All eyes on Governor, but isn't delaying decision also an "action"? We have full faith in him that he will not do injustice.