5 more rebel Cong MLAs move SC against Speaker not accepting resignation

Agencies

July 13, 2019

New Delhi, Jul 13: Five more rebel Congress MLAs from Karnataka moved the Supreme Court on Saturday against the Assembly Speaker not accepting their resignation. These MLAs are Anand Singh, K Sudhakar, N Nagaraj, Munirathna and Roshan Baig.

They have sought impleadment in the already pending application filed by the 10 other rebels MLAs on which the hearing is scheduled for Tuesday.

These 10 rebel MLAs of Congress- JD(S) coalition who moved the apex court earlier alleging that the Speaker was not accepting their resignations were Pratap Gouda Patil, Ramesh Jarkiholi, Byrati Basavaraj, B C Patil, S T Somashekhar, Arbail Shivaram Hebbar, Mahesh Kumathalli, K Gopalaiah, A H Vishwanath and Narayana Gowda.

Hearing their plea, the Supreme Court had on Friday restrained Karnataka Speaker K R Ramesh Kumar from taking any decision till Tuesday on the resignation and disqualification of these 10 MLAs. Citing “weighty issues that have arisen”, the apex court said it will consider the matter on July 16 and ordered that the status quo as of Friday should be maintained.

The resignation of these MLAs has plunged the H D Kumaraswamy government in Karanataka into a crisis as it faces the risk losing majority in the Assembly. Apart from the question of maintainability of the writ petition filed under Article 32 of the Constitution by the MLAs, the apex court had said it needs to address as to whether the Speaker is obligated to decide on disqualification proceedings before accepting the resignations of MLAs.

The counsel for the rebels MLAs had contended that the Speaker has not decided on the resignations of the lawmakers to bind them with the party whip and disqualify them from the membership if they violate the whip on the floor of the House.

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No relief for Siddaramaiah in MUDA case as HC junks plea against Governor's sanction

News Network

September 24,2024

The Karnataka High Court on Tuesday dismissed the petition filed by Chief Minister Siddaramaiah against Governor Thawarchand Gehlot's decision to sanction the complaint and investigation against him in the alleged Mysore Urban Development Authority (MUDA) scam case.

Justice M Nagaprasanna said the facts narrated in the petition would undoubtedly require an investigation.

The court has also said that the Governor's order approving sanction to investigate against Siddaramaiah under section 17A of the Prevention of Corruption Act does not suffer from application of mind, instead has abundance of application of mind.

Meanwhile, the court rejected the request made by senior advocate Abhishek Singhvi to stay the order of the court. The court has vacated the interim order passed on August 19. In the interim order the trial court was directed not to take any precipitative action against Siddaramaiah. On August 17, Governor had approved sanction under section 17 A of the Prevention of Corruption Act and Section 218 of Bharatiya Nagarik Suraksha Sanhita ( BNSS), citing three applications.

The court said the private complainants were justified in registering the complaint and seeking approval from the governor.

Insofar as private complainants seeking sanction under section 17A, the court said the provision nowhere requires only a police officer to seek sanction from a competent authority. The court further said it is in fact the duty of the private complainants to seek such approval.

Earlier, The High Court had completed its hearing in the case on September 12, and reserved its orders. It had also directed a special court in Bengaluru to defer further proceedings and not to take any precipitative action against the Chief Minister.

The case pertains to allegations that compensatory sites were allotted to Siddaramaiah's wife B M Parvathi in an upmarket area in Mysuru that had higher property value as compared to the location of her land that had been "acquired" by MUDA.

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