HC notice to Pramod Madhwaraj, 22 MLAs for 'unconstitutional' oath

[email protected] (The Hindu)
September 28, 2013
Bangalore, Sep 28: The Karnataka High Court on Friday ordered issue of notices to 22 MLAs including Udupi MLA Pramod Madhwaraj and a Minister on petitions, which alleged that they had violated the mandatory procedure prescribed in the Constitution for taking oath as members of the Legislative Assembly and as Minister, respectively.
Pramod-Madhwaraj

The petitioners, city-based advocate Dharmapal Y. and RTI activist Jayaprakash Hiremath, alleged that the MLAs and Minister for Information Technology S.R. Patil took the oath in a “whimsical” manner, disregarding the Constitutional mandate.

They took oath in the names of a deity, saints, parents, farmers or voters of their constituency.

The petitioners have sought a direction from the court to oust them from office and declare that these MLAs and the Minister have usurped their office, performing functions without authority in law as they have “not taken oath or affirmation as mandated by the Constitution”.

It has been pointed out that the MLAs have clearly violated Article 188 of the Constitution, which states that a person elected to the Legislative Assembly or Council, shall, before taking his seat,…make and subscribe…an “oath or affirmation according to the form set out for the purpose in the Third Schedule [of the Constitution].

Similarly, Article 164(3) of the Constitution states that before a Minister enters upon his office, the Governor shall administer to him the “oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule”.

Petitioners' counsel A.S. Ponnanna pointed out that as the prescribed form set out in the Constitution states that they can either “swear in the name of God” or can “solemnly affirm”, the words substituted by these elected representatives resulted in “not taking oath or affirmation” of their offices, thus making them ineligible to function as MLAs and Minister.

It has been contended in the petition that such a violation attracts penalty as per Article 193 of the Constitution, which states that if a person sits or votes as a member of the Assembly or the Council before he takes oath as per Article 188, “he shall be liable, in respect of each day on which he sits or votes, to a penalty of Rs. 500 to be recovered as a debt due to the State”.

The 22 MLAs and their constituencies are: S.N. Narayanswamy (Bangarpet); S. Chikkamadu (H.D. Kote); D.N. Devaraj (Sringeri); H. Anjaneya (Holalkere); Chandrakanth Bellad (Hubli-Dharwad West); R.S. Doddamani (Shirahatti); Shashikala Jolley (Nippani); V.S. Kashappanavar (Hungund); N.H. Konaraddi (Navalgunda); K.B. Prasanna Kumar (Shimoga); Y. Ramakka (KGF); Y.N. Rudregowda (Belur); G.T. Devegowda (Chamundeshwari); M.T.B. Nagaraj (Hoskote); M.P. Appachhuranjan (Madikeri); P.M. Narendraswamy (Malavalli); Bheema Naik (Hagaribommanahalli); Chaluvarayaswamy (Nagamangala); Vinay Kulkarni (Dharwad); Akhanda Srinivasa Murthy (Pulakeshinagar) and A.B. Ramesh Bandisiddegowda (Srirangapatna).

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October 4,2024

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Mysuru: Chairman of JD(S) core committee and Chamundeshwari constituency MLA G T Devegowda on Thursday expressed his solidarity with Chief Minister Siddaramaiah saying the latter need not resign, while lambasting leaders of his own party and alliance partner BJP, including Union Minister H D Kumaraswamy.

In his speech during Mysuru Dasara inauguration he said that if persons against whom FIR is registered have to resign, many leaders from all the three parties, including Opposition Leader R Ashoka, will have to resign.

“All are sitting in glass houses... Since I know Siddaramaiah well, I am talking about him. At a time when mines and real estate are ruling politics, Siddaramaiah has survived in politics. He has never done any favour,” Devegowda said.

He added, “Allegations against Siddaramaiah are unexpected and accidental. If the Governor and Chief Justice order an investigation, it does not mean that he should resign."

He continued, asking, "Have they told Siddaramaiah to resign or have they asked to imprison him? When a person becomes a Central minister, he or she should realise their dignity and responsibility. Instead of recognising the good work done by Siddaramaiah, they ask him to resign. Will Kumarswamy (facing an FIR) resign? Should Siddaramaiah, who has become CM with a support of 135 MLAs, resign?"

"Opposition leaders are not remembering the good work of earlier CMs Kengal Hanumanthaiah, Veerendra Patil, Ramakrishna Hegde, H D Deve Gowda or S M Krishna. Karnataka is a model state. It is a bad trend to topple an elected government which is doing good work,” he further said.

Devegowda added, “Siddaramaiah is Goddess Chamundeshwari’s ‘Varaputra’ and hence has her blessings during tough times. He won the election in Chamundeshwari Assembly constituency, when the BJP-JD(S) government was in power in 2006. With the blessings of the Goddess, he has held varied positions right from becoming an MLA for the first time in 1983. He presented 15 budgets and has become CM for a second time. He took H C Mahadevappa, a Dalit leader to the state level. Siddaramaiah has the support of Deputy CM D K Shivakumar as ‘Jodeththu’. Blessings of the beneficiaries of guarantee schemes are with him (Siddaramaiah).” 

Siddaramaiah said, “Devegowda was a MUDA member. He knows the truth. Hence, he is saying this. His words have filled strength in me. ‘Satyameva Jayate’, Truth will always triumph.” 

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News Network
October 7,2024

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New Delhi: Seeking to strengthen bilateral ties, India and the Maldives on Monday inked a currency swap agreement to the tune of $400 million, a move that would help the archipelago nation overcome foreign exchange reserve issues.

Prime Minister Narendra Modi and visiting Maldivian President Mohamed Muizzu also launched Rupay card in the Maldives, inaugurated the new runway at the Hanimadhoo International airport and agreed to further strengthen bilateral relations that had hit a rocky patch last year.

Muizzu, who is on a four-day state visit, held talks with Prime Minister Modi at the Hyderabad House here.

After the talks, India also handed over 700 social housing units to the Maldives built under the EXIM Bank’s buyer’s credit facilities.

"Today, we have inaugurated the redeveloped Hanimaadhoo Airport. Now, the Greater Male Connectivity Project will also be expedited. We will also support the development of a new commercial port in Thilafushi," Modi told reporters here with Muizzu by his side.

Modi said India and Maldives have decided to initiate discussion on the Free Trade Agreement to further strengthen economic ties.

The prime minister described Maldives as a "close friend" which had an important position in India's neighbourhood policy and SAGAR vision.

"India has always fulfilled the responsibilities of a neighbour. Today, we have taken up the vision of a comprehensive economic and maritime security partnership to give our mutual cooperation a strategic direction," Modi said.

Earlier, Muizzu was accorded a ceremonial welcome at the Rashtrapati Bhawan by President Droupadi Murmu. Prime Minister Modi was also present on the occasion.

Muizzu was given a tri-services guard of honour before he drove down the Rajghat to offer his respects at the memorial to Mahatma Gandhi.

The ties between India and the Maldives came under severe strain since Muizzu, known for his pro-China leanings, took charge of the top office in November.

Muizzu won the presidential election last year on the 'India out' campaign and asked New Delhi to withdraw its military personnel posted in the archipelago nation by May this year.

The bilateral ties also hit a rocky patch when Maldivian ministers were critical of Modi. However, Muizzu has since toned down his anti-India stance and even sacked ministers who were critical of the Indian prime minister.

As the Maldives was grappling with a serious economic downturn, India has decided to extend vital budgetary support to the Maldives government with the rollover of a $50 million Treasury Bill for another year.

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News Network
October 3,2024

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Karnataka Health Minister Dinesh Gundu Rao reminded that V D Savarkar was not against cow slaughter as he himself was non-veg eater, PTI reported on Thursday.

"As a Brahmin he was eating meat, and he was openly propagating eating meat," said the minister at an event in Bengaluru.

Reacting to Gundu Rao's claim, BJP MP Anurag Thakur called Congress a "factory of lies" as he warned that India won't tolerate any disrespect towards Savarkar.

"By disrespecting Veer Savarkar they have shown that they don't respect freedom fighters. During the Congress government, Sardar Bhagat Singh was termed a separatist in textbooks...By making those who want to break the nation join the congress party, Rahul Gandhi is taking forward the ideology of 'tukde tukde' and he is a 'modern Jinnah' who speaks ill of the country abroad...," he said.

Meanwhile, a court in Maharashtra's Nashik district summoned Congress MP Rahul Gandhi earlier this week in a defamation case filed against him for his alleged objectionable remarks against the Hindutva ideologue.

The complainant, who is the director of an NGO, claimed he watched a press conference addressed by Gandhi in Hingoli and also a speech made by the Congress leader in November 2022.

He alleged that Gandhi, on the two occasions, by his words and visual representations knowingly harmed the reputation of Veer Savarkar and also tried to defame the latter's image in the society.

According to the complainant, Gandhi said "Savarkar is BJP and RSS jin" which was defamatory in nature.

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