MUDA case: Siddaramaiah challenges Governor’s nod to prosecute him in Karnataka HC
Bengaluru: Chief Minister Siddaramaiah filed a writ petition in the Karnataka High Court on Monday seeking to quash Governor Thaawarchand Gehlot’s order giving sanction for prosecution against him in the Mysuru Urban Development Authority (MUDA) land scam.
Siddaramaiah in his petition alleged that, “The Hon’ble Governor’s decision is legally unsustainable, procedurally flawed, and motivated by extraneous considerations, and thus the petitioner (CM Siddaramaiah) has preferred this writ petition seeking to quash the impugned order dated August 16, 2024 amongst other reliefs.”
“The petitioner submits that the sanction order was issued without due application of mind, in violation of statutory mandates, and contrary to constitutional principles, including the advice of the Council of Ministers, which is binding under Article 163 of the Constitution of India,” the petition claimed.
“The petitioner, the current Chief Minister of Karnataka, is herein challenging the order issued by the Hon’ble Governor of Karnataka, thereby granting prior approval and sanction under Section 17A of the Prevention of Corruption Act, 1988, and 218 of the Bharatiya Nyaya Suraksha Sanhita, 2023,” the plea mentioned.
“This order was based on an application made by Respondent No. 3, who initially lodged a complaint on July 18, 2024 with the Lokayukta Police, Mysuru, alleging irregularities in land allotment by the Mysore Urban Development Authority (MUDA) concerning land in Sy. No. 464 of Kesare Village, Mysore,” the petition said.
“Subsequently, on July 26, 2024, T.J. Abraham (complainant) filed the abovementioned application before the Hon’ble Governor seeking sanction for prosecution,” the writ petition mentioned.
On the same day, the Hon’ble Governor of Karnataka issued a show-cause notice to the petitioner, demanding a response to the allegations. In addition, the Governor had also addressed two letters dated July 5, 2024 and July 15, 2024 to the Chief Secretary of the Government of Karnataka, who then responded to the said letters and submitted a detailed reply on July 26, 2024, refuting the politically motivated allegations, CM Siddaramaiah stated.
Additionally, the matter was placed before the Council of Ministers, who, on August 1, 2024, resolved to advise the Governor to withdraw the notice and reject the application for sanction vide a detailed Cabinet Note. The petitioner (CM) also, in his personal capacity, submitted a detailed and comprehensive reply to the Governor’s show-cause notice on August 3, the writ petition stated.
“Despite all the factual matters being brought to notice of the Hon’ble Governor, he has proceeded to grant sanction on August 16, 2024, which was communicated to the Chief Secretary on August 17, 2024,” said Shathabish Shivanna, advocate for Siddaramaiah.
The writ petition has made the State of Karnataka as the first respondent, the Special Secretary to the Governor as the second, petitioners T.J. Abraham as third, Snehamayi Krishna as fourth and Pradeep Kumar S.P. as fifth respondents.
The memorandum of writ petition is submitted under Articles 226 and 227 of the Constitution of India. “The writ seeks to invoke the Writ Jurisdiction of this Hon’ble Court under Article 226 and 227 of the Constitution of India, to challenge the said order of prior approval or sanction (hereinafter referred to as the ‘impugned order’) and seeks to have the same quashed and set aside, by issuance of a writ of certiorari,” it further states.
“The impugned order, passed on August 17, 2024, is in gross violation of the law, principles of natural justice, unconstitutional, ultra vires section 17A of the Prevention of Corruption Act and section 218 of BNSS, established judicial precedents, and therefore necessitates judicial intervention by this Hon’ble Court in exercise of its writ jurisdiction,” it submits.
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