Bengaluru: In a major development in the Mysuru Urban Development Authority (MUDA) site allotment case, complainants are set to escalate their legal efforts.
Advocate-activist T.J. Abraham, one of the complainants against Chief Minister Siddaramaiah, announced last evening after meeting Governor Thaawarchand Gehlot that he will approach the Special Court for Public Representatives.
Abraham intends to request the Court to take cognisance of the Governor’s sanction to prosecute the CM or refer it under Section 156(3) of the Cr.PC. “We will present this permission to the Special Court and seek the Judge’s consideration or referral on Aug. 21,” Abraham told reporters in Bengaluru.
Caveat filed
Anticipating that Siddaramaiah may challenge the Governor’s sanction in the Karnataka High Court, S.P. Pradeep Kumar, another applicant before the Governor, filed a caveat in the High Court yesterday.
“I filed the caveat because Siddaramaiah might seek relief from the High Court. Without a caveat, he could receive relief without considering our side of the argument,” Pradeep Kumar explained.
Sources indicate that Siddaramaiah is expected to approach the High Court on Aug. 19 (tomorrow) to contest the legality of the sanction. With the caveat in place, the High Court must consider the caveator’s position before issuing any orders on Siddaramaiah’s anticipated petition.
Options for CM
Legal experts suggest that Siddaramaiah can challenge the Governor’s decision by filing a petition in the High Court. Should the Court dismiss his plea, he can escalate the matter to the Supreme Court. Possible grounds for challenging the sanction include questions about the Governor’s authority, procedural errors, or lack of a prima facie case.
Given the support Siddaramaiah has from the High Command and the Cabinet, he is likely to resist calls for his resignation from the Opposition. He may argue that similar situations in the past did not lead to resignations. For example, former CM B.S. Yediyurappa remained in office despite a Governor-sanctioned prosecution related to an alleged mining scam.
However, with the Governor’s sanction now in place, Siddaramaiah faces increasing legal challenges.
Social activist Snehamayi Krishna has also approached the Special Court for Public Representatives over the MUDA site allotment scam.
Previously, proceedings had stalled due to the pending request for the Governor’s sanction. Siddaramaiah will now be compelled to address Krishna’s petition.
Siddaramaiah’s legal team might argue for the rejection of these petitions on various grounds, including procedural impropriety. The outcome in the Special Court will be crucial in shaping the future course of proceedings.
This post was published on August 18, 2024 7:43 pm