Siddaramaiah Files Writ Petition in Karnataka HC Seeking Quash of Governor’s Grant of Prosecution Against Him
19 Aug 2024 10:50 AM GMT
Chief Minister Siddaramaiah at a photo expo in Bengaluru on Monday. (Photo by arrangement)
Bengaluru: As stated by him to challenge Governor’s decision over grant sanction for prosecution, Chief Minister Siddaramaiah on Monday filed a writ petition in the High Court of Karnataka seeking to quash amongst other reliefs in the grant of sanction for his prosecution accorded by Governor Thaawarchand Gehlot on August 16 this year under Section 17A of Prevention of Corruption Act, 1988 and also under 218 of the Bharatiya Nyaya Suraksha Samitha, 2023 in connection with alleged irregularities in allotment of plots to his wife by Mysore Urban Development Authority (MUDA) in Mysuru city.
Citing legal malafides, procedural irregularities and hasty nature of the Governor's decision, Chief Minister sought High Court to intervene and stay the execution and operation of impugned order until the writ petition is finally adjudicated.
It may be recalled here the Governor accorded sanction of prosecution order on August 16 but it was communicated to the Chief Secretary of the State Government on August 17. Earlier, the Governor served a show cause on Siddaramaiah on July 26 this year seeking explanation from the Chief Minister based on 3 petitions he received from petitioners T.J. Abraham, Snehamayi Krishna and S.P. Pradeep Kumar over the alleged irregularities in plot allotments to Parvathi, wife of Chief Minister Siddaramaiah.
While giving grant for prosecution sanction against Chief Minister, Governor stated he was prima facie satisfied with the supporting documents by petitioners.
In his writ petition, Chief Minister explained his wife Parvathi has been compensated for having lost her 3.16 acres in Kesare of Mysuru city by Mysore Urban Development Authority (MUDA) in Mysuru city in 2021 on compensatory mechanism adopted by MUDA. MUDA allotted his wife 38, 284 sq ft in lieu of 1, 48, 104 sq ft of land lost by her owing to infringement on her property by MUDA.
The Chief Minister stated “There is no legal infirmity or procedural irregularity in the compensation given by MUDA to his wife Parvathi.”
He termed the sanction order by the Governor is legally unsustainable, procedurally flawed and motivated by extraneous considerations and the petition said the sanction order of Governor is contrary to the Constitutional principles by not going by the advice of Council of Ministers in the cabinet meeting held on August 1 wherein Governor was asked to withdraw the show cause notice served on the Chief Minister. Under Article 13 of the Constitution, the advice of the Council of Ministers is binding on the Governor.
Moreover, the Chief Minister said the Governor addressed two letters on July 5 and July 15 to him and the Chief Secretary of the State Government responded and submitted a detailed reply on July 26 to the letters of the Governor. In the reply, the Chief Secretary refuted the politically motivated allegations.
Despite all factual matters being brought to his notice, the petition from the Chief Minister stated the Governor granted sanction on August 16 without application of mind, in disregard of statutory mandates, motivated by extraneous and irrelevant considerations.
( Source : Deccan Chronicle )
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