MUDA scam | Karnataka HC upholds governor's sanction to prosecute CM Siddaramaiah
"The facts narrated in the petition would undoubtedly require investigation, in the teeth of the fact that the beneficiary of all these acts is not anybody outside but the family of the petitioner," said the court
In a setback to Chief Minister Siddaramaiah, the Karnataka High Court on Tuesday (September 24) dismissed his petition challenging Governor's approval for investigation against him in a site allotment case.
The chief minister had challenged the approval given by the Governor Thaawarchand Gehlot for an investigation against him in the alleged irregularities in the allotment of 14 sites to his wife by the Mysuru Urban Development Authority (MUDA) in a prime locality.
After completing the hearings on the petition in six sittings from August 19, the single judge bench of Justice M Nagaprasanna on September 12 reserved its verdict. It had also extended its August 19 interim order directing the special court for people's representatives that was slated to hear complaints against him in the case, to defer its proceedings till the disposal of the petition.
‘Facts need to be probed’
"The facts narrated in the petition would undoubtedly require investigation, in the teeth of the fact that the beneficiary of all these acts is not anybody outside but the family of the petitioner. The petition stands dismissed," Justice Nagaprasanna ruled. He said: "interim order of any kind subsisting today shall stand dissolved."
The Governor on August 16 accorded sanction under Section 17A of the Prevention of Corruption Act, 1988 and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the commission of the alleged offences as mentioned in the petitions submitted to him by complainants Pradeep Kumar SP, TJ Abraham and Snehamayi Krishna.
Legality challenged
On August 19, Siddaramaiah moved the High Court challenging the legality of the Governor's order.
In the petition, the Chief Minister submitted 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.
Siddaramaiah sought quashing of the Governor's order contending that his decision is legally unsustainable, procedurally flawed, and motivated by extraneous considerations.
About the case
In the MUDA site allotment case, it is alleged that compensatory sites were allotted to Siddaramaiah's wife BM Parvathi in an upmarket area in Mysuru, which had higher property value as compared to the location of her land which had been "acquired" by the MUDA.
The MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where MUDA developed a residential layout.
Under the controversial scheme, MUDA allotted 50 per cent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts. Some Opposition leaders and activists have also claimed that Parvathi had no legal title over this 3.16 acres of land.
(With agency inputs)