Will MUDA scam cost Siddaramaiah the CM's chair? Unlikely, say experts

Karnataka Chief Minister Siddaramaiah’s name has surfaced in the MUDA scam. Will this lead to his removal from the chief minister’s post, as it happened earlier with the BJP’s BS Yediyurappa?

The outcome of the case against Siddaramaiah and its potential impact on his position as chief minister will depend on several factors, including legal proceedings. If substantial evidence against him emerges, it could impact his political career.

The Mysuru Urban Development Authority (MUDA) land allotment case involves alleged discrepancies in land allotment, with some beneficiaries receiving more than their due based on inflated "guidance" values.

Other cases

Facing MUDA scam allegations, Siddaramaiah has made counter-allegations and released documents against BJP and the JD(S) leaders, which may shift the focus and influence the narrative. The situation remains dynamic and will evolve based on legal, political and public responses.

According to legal experts, the MUDA land allotment case is not a significant concern for Siddaramaiah’s position as chief minister. There are already five complaints against him and his family with the police in Mysuru, Lokayukta, the chief secretary, the Election Commission and the Governor.

Two other probes by senior IAS officials and an inquiry commission headed by a former High Court judge were initiated by the Siddaramaiah government itself.

Supporters of Siddaramaiah are concerned about whether Governor Thawar Chand Gehlot will grant sanction to prosecute the Chief Minister.

RTI activist TJ Abraham has sought permission to file a criminal case against Siddaramaiah for alleged misuse of power and illegal activities in the allocation of alternate sites by MUDA. 

Will CM become BSY 2?

There is concern that this might end up resembling the case of BS Yediyurappa, who stepped down as the chief minister after then Governor Hans Raj Bharadwaj sanctioned his prosecution in 2011.

Supreme Court advocate and constitutional expert BT Venkatesh told The Federal that the Governor cannot sanction the prosecution of the chief minister based on a complaint.

The complainant must first file a complaint with the chief secretary, who, if he finds a prima facie case, will seek the governor’s advice. If the chief secretary does not investigate satisfactorily, the complaint can be escalated to the governor, who can then intervene.

Governor’s role

The governor will seek a report from the chief secretary, and, with proof, may sanction prosecution. "The chief secretary's role is crucial in this process," Venkatesh explained.

An official in the legal department said: "The chief minister does not need to resign from his post if an FIR is registered. The issue will arise only if the investigating agency decides to arrest him and send a notice. In that case, the chief minister may resign on ethical grounds or as per his party’s directions.

“Look at Delhi Chief Minister Arvind Kejriwal – he retained his position despite being jailed. Additionally, the possibility of challenging the FIR or the governor's sanction could also save the chief minister." 

Wife’s possible follies may hit CM

However, a former Advocate General, who wishes to remain unnamed, told The Federal this case is predominantly like a dead man walking. If Siddaramaiah’s wife Parvathi is found to have participated in the process of illegally acquiring the plots from MUDA, then he is equally liable.

As Siddaramaiah did not mention his wife’s properties to the Election Commission during the 2013 elections, he will face consequences if it is proved that she does own the property.

According to High Court advocate Shaji T Verghese, the allegations against Siddaramaiah lack seriousness.

Technically, the sites were allotted to his wife when the BJP government was in power. Documentary evidence shows that only Parvathi and her brother Mallikarjuna Swamy had land and were allotted sites from MUDA during the BJP's rule.

In defence of CM

If there is a case, it will be against Siddaramaiah’s wife and others, not him. Thus, the complaints do not pose a problem for his chief minister’s post, seems to be the reading of the situation.

A former Upa Lokayukta said that if the Lokayukta police investigate the MUDA case under the Anti-Corruption Act and report to the governor, prosecution against the chief minister may be sanctioned.

However, he suspects no direct involvement of Siddaramaiah as the site allocation to his wife occurred during BJP regime in the state.

Probes are on

The state government has ordered an initial probe by a high-level committee into alleged irregularities in site allotments by MUDA. Headed by Commissioner of Urban Development Department Venkatachalapathi R and other officials, the committee was tasked on June 1 to submit a comprehensive report within four weeks.

The report will be given to the chief secretary under government supervision, and the possibility of naming Siddaramaiah in the report is unlikely.

In another case, BJP leader NR Ramesh has filed a Lokayukta complaint against Siddaramaiah, alleging his involvement in land scams and the MUDA scandal. He submitted over 400 pages of documents and sought an investigation.

In another case, a police complaint was filed against Siddaramaiah's wife Parvathi and two others. Social activist Snehamayi Krishna filed the complaint against Parvathi, her brother Mallikarjuna Swamy and landowner Devaraju, alleging they used fake documents to defraud MUDA of crores of rupees.

The complaint also names several officials and demands an investigation. Krishna has written to the governor, chief secretary and principal secretary of the revenue department. The complaint has been handed over to the Urban Development Department, which is conducting an inquiry.

Governor moved against CM

Advocate TJ Abraham has petitioned the governor for permission to file a criminal case against Siddaramaiah for alleged misuse of power and illegal activities in the allocation of alternate sites in MUDA. Abraham's complaint necessitates the governor's approval.

In a 22-page petition, Abraham claimed that misuse of power and illegal activities caused a loss of Rs 55.80 crore to the treasury. He alleged that 3 acres and 16 guntas of denotified land in Kesare village were fraudulently acquired by Mallikarjuna Swamy, based on Siddaramaiah's verbal instructions.

Legally, Siddaramaiah’s family may be in the right but moral questions haunt the chief minister. As the saying goes, "Caesar’s wife must be above suspicion," said political commentator C Rudrappa.