Karnataka High Court on Tuesday dismissed the petition by Chief Minister Siddaramaiah against the Governor's sanction for his prosecution in the alleged MUDA scam.
A single judge bench of Justice M Nagaprasanna observed that the Governor can take an independent decision and complainants were justified in registering the complaint and seeking sanction from the Governor.
The high court said that the facts narrated in the petition would undoubtedly require investigation, in the teeth of the fact that the beneficiary of all these acts is not anybody outside but the family of CM Siddaramaiah.
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The Karnataka Chief Minister had challenged the order issued by the Governor on August 17 granting approval for investigation in the alleged MUDA scam as per Section 17A of the Prevention of Corruption Act and sanction for prosecution as per Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Siddaramaiah had contended that the sanction order by the Governor was issued without due application of mind, in violation of statutory mandates. He further claimed that the order was part of a concerted effort to destabilise the duly elected government of Karnataka for political reasons.
The high court said that it is not a case of "not even a semblance of application of mind by the Governor, but abundance of application of mind."
He said that the order was contrary to Article 163 of the Constitution, which mandates the Governor to act on advice of the Council of Ministers.
However, the high court today said that it is the duty of the complainant to seek approval under Section 17A of Prevention of Corruption Act and the Governor can take independent decisions.
What Is The MUDA Case?
MUDA is accused of allowing an exchange of land with CM Siddaramaiah's wife, where it took a less valuable rural plot in exchange for a valuable urban land parcel. It is alleged that compensatory sites were allotted to Siddaramaiah's wife BM Parvathi in an upmarket area in Mysuru, which had higher property value as compared to the location of her land which MUDA acquired in return.
Siddaramaiah's wife was allegedly allotted land under a 50:50 ratio scheme by MUDA in lieu of 3.16 acres of her land, where it developed a residential layout. Under the said scheme, the MUDA had acquired undeveloped land to develop residential layouts and had in return allotted 50 per cent of developed land parcels to those who gave up their lands for the scheme.
It is alleged that Karnataka CM's wife Parvathi had no legal title over this 3.16 acres of land.