Advocate General Lalit Kishore, Counsel of Governor Y Giri and Counsel of Union Government S D Sanjay submitted before the court that Governor had the discretion to invite any party or combination of parties which he thought was in position to prove majority on floor of the house. "Even in S R Bommai case, Supreme Court had maintained the floor test was the best way to assess the majority of the government", counsels submitted before the court. RJD MLA Mr Yadav in his petition had challenged the decision of Governor Mr Tripathi to invite Nitish Kumar to form the government after he had resigned as CM deserting Grand Alliance.
RJD was the single largest party in Bihar Assembly and it should have been invited by the Governor to form the government, he had pointed in his petition. Mr Yadav told media persons that he would challenge the verdict of the Patna High Court in Supreme Court. As it Mr Kumar had resigned as CM on July 26 when Mr Tejaswi Prasad Yadav neither resigned as deputy CM nor gave fact based reply on charges levelled by CBI in its FIR lodged against him in Railway Hotels tender scam. (UNI)