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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News Network
October 1,2024

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Mysuru, Oct 1: The Karnataka Lokayukta team on Tuesday arrived at the disputed plot in Mysuru and began investigation into the MUDA case against CM Siddaramaiah and his wife, news agency ANI reported. Snehamayi Krishna, the complainant in the case was also present with the team.

Sources stated that ED sleuths might issue a notice to CM Siddaramaiah at any time and issue summons to him for questioning. The sleuths are also keenly watching the movements of CM Siddaramaiah’s close associates and relatives, including a cabinet minister in connection with the MUDA scam.

Sources further said that there is a possibility of the ED conducting raids across the state on offices and residences of close associates of CM Siddaramaiah. The ED has also gathered information on bank accounts and financial transactions of CM Siddaramaiah and his associates.

The Directorate of Enforcement (ED) on Monday registered an Enforcement Case Information Report (ECIR), equivalent to an FIR by the police, against CM Siddaramaiah over the alleged irregularities in the allotment of 14 sites to his wife Parvathi B.M. by the Mysore Urban Development Authority. The ED registered the case taking cognisance of the FIR registered against the Chief Minister by the Lokayukta police on September 27.

Meanwhile, the Karnataka Lokayukta probing the MUDA case has also expedited the probe. The sleuths led by Mysuru Lokayukta SP T.J. Udesh have visited the controversial land on the outskirts of Mysuru city. The petitioner, Snehamayi Krishna, also accompanied the team.

The move of Chief Minister Siddaramaiah’s wife to return 14 sites allotted by the MUDA to her has triggered a debate. BJP MLA from Mysuru T.S. Srivatsa stated on Tuesday that the move of CM’s wife is not acceptable. "The two commissioners who colluded in the MUDA scam are roaming freely even today," he said.

"CM Siddaramaiah first claimed that there was no scam at all. Later, he formed a commission and now there is an FIR against him. After committing the mistake, you offer to return the sale deed. The time is up. He will have to tender his resignation and I am sure he won’t be in the position until Dasara festivities," MLA T.S. Srivatsa stated.

T.J. Abraham, one of the petitioners in the MUDA case said, “I had demanded the MUDA commissioner to take back the allotted sites. He had written back saying the process would be initiated. They were waiting for the investigation report."

"CM Siddaramaiah has not approached the division bench or the Supreme Court to challenge the order against him because there is nothing to be challenged. Returning sites is not a big sacrifice. The Chief Minister has lost it," Abraham stated. 
 

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News Network
October 7,2024

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Mangaluru, Oct 7: In a heartbreaking turn of events, the search for Mumtaz Ali, chairman of Misbah Group of Educational Institutions, ended with the discovery of his mortal remains in the Phalguni river near Kulur. The somber discovery came after an exhaustive search, leaving a community in shock and sorrow.

He is the younger brother of former MLA Mohuiddin Bawa and former MLC B M Farookh. 

The incident has taken a deeply distressing turn with the filing of an FIR against six individuals, including a woman, who are accused of pushing Ali to a tragic end. 

The accused allegedly blackmailed Ali, fabricating a story about his involvement in an illicit relationship with the woman. Reports suggest that they extorted Rs 50 lakh from Ali and were unrelenting, demanding an additional Rs 50 lakh from him, casting a shadow over his final days.

The complaint, lodged by Ali’s grieving brother, accuses these individuals of driving him to despair through relentless blackmail and false accusations, ultimately leading him to take the tragic step.

In the early hours of Sunday, Ali left his home at 3 am, heading towards Suratkal, perhaps seeking some solace. A minor accident occurred when his car collided with a private bus near MCF. Despite the mishap, he offered a heartfelt apology to the bus driver and conductor—a gesture that now echoes with the pain of his unspoken struggles. After the collision, Ali made a U-turn near Panambur circle, driving back towards Kulur bridge, where his journey came to a sorrowful end.

Ali’s last moments hold an even deeper sadness, as he left behind a voice message in Byari, naming an individual who had been tormenting him mentally. Sent to his daughter and a close friend, the message revealed the unbearable burden he was carrying, hinting at his final decision to end his suffering.

This tragic loss has left the community and his loved ones grappling with unanswered questions and a profound sense of grief. As the investigation unfolds, the memory of Mumtaz Ali lingers, a reminder of the silent battles that too often go unseen.

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News Network
October 8,2024

Mangaluru: The by-election to the legislative council from the Dakshina Kannada and Udupi local authorities' constituency will be a contest among four candidates. An independent candidate, Muhammed Riyaz, has withdrawn his nomination on Monday, the last day for withdrawal.

Deputy commissioner Mullai Muhilan MP stated that candidates Kishore BR (BJP), Raju Poojary (Congress), Anwar Sadat S (SDPI), and Dinakar Ullal (independent) will be in the fray. 

Polling will be held at 392 booths in Dakshina Kannada and Udupi districts between 8am and 4pm on Oct 21.

A total of 6,032 voters from Dakshina Kannada and Udupi are eligible to vote. While there will be 234 polling booths in Dakshina Kannada, Udupi will have 158 stations. Gram panchayat members, corporators of the Mangaluru City Corporation, members of city municipal councils, town municipal councils, town panchayats, MLAs, MLCs, and Lok Sabha members are eligible to vote.

Election observer of the Election Commission of India (ECI), Pankaj Kumar Pandey, reviewed the poll preparations at the deputy commissioner's office on Monday. He issued directions to officials regarding arrangements to be made during the election and counting of votes.

The deputy commissioner stated that out of 6,032 voters, 3,127 are women and 2,905 are men. He said the counting of votes will be held at St Aloysius PU College in the city on Oct 24.

Udupi deputy commissioner Vidya Kumari K, city police commissioner Anupam Agrawal, Dakshina Kannada ZP CEO Anandh K, Dakshina Kannada SP Yathish N, Udupi SP Arun K, and additional deputy commissioners Santhosh Kumar G and Mamatha Devi were present.

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