B S Yeddyurappa was sworn in Chief Minister of Karnataka on Thursday.
Governor Valubhai Vala invited the BJP to form government in the state.
B S Yeddyurappa was elected the party’s legislative leader earlier
The party, which emerged as the single largest party in the Assembly, secured 104 seats in the 224-member House.
However, it fell just short of majority and has to prove its strength on the floor of the House within 15 days.
The Congress with 78 seats had allied with the JD(S), which won 37 seats to keep the BJP out of power.
The alliance has 115 MLAs and had met the Governor on Thursday to stake claim to form the government.
The alliance had however, moved the Supreme Court late Wednesday night against the Governor’s move to call BJP to form govt.
The SC, however, refused to stay BJP’s BS Yeddyurappa swearing-in
The court has though made it clear that the government formation would depend on the final verdict in the case.