The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Karnataka High Court is set to resume hearing on Chief Minister Siddaramaiah's petition challenging the legality of the Governor Thaawarchand's sanction for his prosecution in the Mysuru Urban Development Authority (MUDA) case on Thursday.
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 of Pradeep Kumar S P, T J Abraham and Snehamayi Krishna.
On August 19, Siddaramaiah moved to the High Court challenging the legality of the Governor's order. The HC had directed the special court for people's representatives that was slated to hear complaints against him in the case, to defer its proceedings till the next date of hearing on August 29.
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.
The court proceedings will be keenly watched for its possible political impact.
The Congress has rallied behind Siddaramaiah and ruled out his resignation over the issue and said it would wage a legal and political fight.
Siddaramaiah and Deputy Chief Minister D K Shivakumar, who is also state Congress chief, and several senior Ministers recently met AICC President M Mallikarjun Kharge and Rahul Gandhi in New Delhi and held discussions on the Governor's order and strategy to be adopted going forward.
On the Chief Minister's petition coming up for hearing in the High Court on Thursday, Home Minister G Parameshwara said there is hope that the HC will not consider the argument in favour of the Governor's decision.
"There should be material about Siddaramaiah's involvement. If they (materials) are there, they can be taken into cognisance. When there are no materials like -- his signature, his order, involvement and name... even in the registration his name is not there. When such is the case, the court will look into all these things and will decide on it," he said.
Responding to a question on whether there have been any discussions by the high command regarding the next course of action, in case the developments in the court on August 29 go against Siddaramaiah, the Minister said: " What developments will happen cannot be speculated, once things happen let's discuss, this is what they have told."
Asked about speculations that he may become CM (in the event of Siddaramaiah quitting), Parameshwara, who held a prolonged discussion with Congress leadership -- Mallikarjun Kharge and Rahul Gandhi -- during the recent Delhi visit, said that question doesn't arise at all, and the issue has never come up for discussion.
"(My) seniority may be there... it is true that Rahul Gandhi spoke to me separately, but what was discussed cannot be speculated. I'm a disciplined soldier of the party and have fulfilled the responsibility given to me from time to time. He (Rahul) spoke to me regarding party things, other than that nothing was discussed," he added.
Chief Minister's Legal Advisor and Virajpet Congress MLA, A S Ponnanna said: "According to us, the Governor's order is contrary to the law and seems to have been taken in a hurry."
"Unilateral decision was taken by the Governor without any inquiry or examining evidence, so we are hopeful of winning in the court. Necessary action will be taken based on what the court decides," he said.
Claiming that there is situation in the country where all non-BJP governments in the states are "forced to go to court for everything," Ponnanna accused ruling BJP at the Centre of "using" the Raj Bhavan and said: "in the days to come after getting admonished by the court, they will learn a lesson."
Responding to a question, he said: "A resolution can be passed in the state legislature seeking the removal of the Governor and send it to the Centre. As the Governor appointment is made by the union government, they can call him back after considering things....it will be our fight in the days ahead."
In the MUDA 'scam', it is alleged that compensatory sites were allotted to Siddaramaiah's wife B M 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. Opposition and some activists have also claimed that Parvathi had no legal title over the 3.16 acres of land.