In a major setback to Congress’ ambition to scuttle BJP’s chances to form the government in Goa, the Supreme Court on Tuesday asked the grand old party that if they have the required numbers then why don’t they stake claim to form the government.

“You don’t have numbers and that’s why you didn’t claim to form government. You haven’t attached affidavits of MLAs of other parties with petition,” said a bench headed by Chief Justice of India JS Khehar.

The apex court observed that a floor test has to be carried out in Goa assembly forthwith for government formation in the state.

“You haven’t demonstrated before Governor that number is in your favour. You are telling all things to us, when you should have raised these things before the Governor. Numbers should determine single largest party,” he added.

The CJI asked the Congress counsel whether Congress has any evidence to repudiate Manohar Parikar’s claim of having the support of 21 MLAs despite BJP winning only 13 seats.

The ongoing power tussle in Goa reached the Supreme court on Monday as Congress, which won 17 seats in the 40-member assembly challenged the Governor Mridula Sinha’s decision to appoint BJP leader Manohar Parrikar as the chief minister of the state.