Chief Minister Siddaramaiah filed a writ petition in the Karnataka High Court on Monday. He seeks to overturn Governor Thaawarchand Gehlot’s order allowing prosecution against him in the (Mysuru Urban Development Authority) MUDA case.
In his petition, Siddaramaiah alleges that the Governor’s decision is “legally unsustainable, procedurally flawed, and motivated by extraneous considerations.” He seeks to quash the order dated August 16, 2024, among other reliefs.
Siddaramaiah argues that the sanction was issued without proper consideration and violated statutory requirements and constitutional principles, including the advice of the Council of Ministers, which is binding under Article 163 of the Constitution of India.
The petition challenges the Governor’s approval under Section 17A of the Prevention of Corruption Act, 1988, and Section 218 of the Bharatiya Nyaya Suraksha Sanhita, 2023. This sanction was based on a complaint lodged on July 18, 2024, by Respondent No. 3 with the Lokayukta Police in Mysuru. The complaint alleged irregularities in land allotment by MUDA concerning land in Sy. No. 464 of Kesare Village, Mysore.
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Following this, on July 26, 2024, complainant T.J. Abraham requested the Governor’s sanction for prosecution. On the same day, the Governor issued a show-cause notice to Siddaramaiah. Additionally, the Governor sent letters dated July 5 and July 15, 2024, to the Chief Secretary, who replied on July 26, refuting the allegations.
The matter was reviewed by the Council of Ministers, which, on August 1, 2024, advised the Governor to withdraw the notice and reject the sanction application. Siddaramaiah also submitted a detailed reply to the Governor’s notice on August 3. Despite this, the Governor granted the sanction on August 16, 2024, and communicated it to the Chief Secretary on August 17, 2024.
Siddaramaiah’s advocate, Shathabish Shivanna, stated that the writ petition names the State of Karnataka as the first respondent, the Special Secretary to the Governor as the second, and T.J. Abraham, Snehamayi Krishna, and Pradeep Kumar S.P. as the third, fourth, and fifth respondents, respectively.
The writ petition is filed under Articles 226 and 227 of the Constitution of India. It challenges the impugned order and seeks to quash it by issuing a writ of certiorari. The petition argues that the order violates the law, principles of natural justice, and established judicial precedents, necessitating judicial intervention.