The Karnataka High Court on Tuesday rejected Chief Minister Siddaramaiah’s petition challenging Governor Thawar Chand Gehlot’s decision to permit his prosecution in connection with a case involving the Mysore Urban Development Authority (MUDA) land allotment. Siddaramaiah argued that the governor’s sanction was politically motivated.
Justice M. Nagaprasanna stated that Gehlot had granted the sanction in accordance with the law, following complaints from activists TJ Abraham, Snehamai Krishna, and Pradeep Kumar SP. While the governor typically acts on the advice of the council of ministers, the Constitution allows for independent decision-making in special circumstances.
“The complainants were justified in pursuing their complaint and seeking the Governor’s approval. Normally, the Governor must act with the aid and advice of the Council of Ministers as per Article 163 of the Constitution of India. However, in exceptional situations, the Governor can exercise independent judgment,” the court noted. Siddaramaiah’s case was deemed one such exception, and the court ruled that there was no fault in the Governor’s independent discretion to issue the order. It further stated that any interim orders related to the case would no longer be valid.
A plea in a Bengaluru court requesting a First Information Report (FIR) against Siddaramaiah had been on hold pending the high court’s decision. On August 16, Gehlot sanctioned Siddaramaiah’s prosecution under the Prevention of Corruption Act and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, which deals with the prosecution of judges and public servants.
The case revolves around a three-acre plot gifted by Siddaramaiah’s brother-in-law, Mallikarjuna Swamy, to his sister, Parvathi. Parvathi received compensation for improper development on the land, which included 14 alternate plots—much more valuable than the original three acres—under a MUDA scheme.
