Karnataka: In a big blow to Chief Minister Siddaramaiah, The Karnataka High Court on Tuesday dismissed his plea which challenged the Governor’s sanction to prosecute him in the Mysore Urban Development Authority (MUDA) scam.
Setback for Karnataka CM Siddaramiah, HC dismisses plea challenging Governor’s sanction for prosecution in MUDA case
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A single-judge bench of Justice M Nagaprasanna dismissed the plea filed by Siddaramaiah, holding that the complainants are at liberty to file the complaint and seek the Governor’s approval. Adding that the facts entail investigation, he dismissed the petition.
Governor Must Advice The Council Of Ministers: Karnataka HC
The Karnataka High Court further stated that the Governor must advise the council of ministers. But, he is allowed to make independent decisions in exceptional cases, and the present case is one such exception.
Karnataka HC Dismissed The Plea Of Siddaramaiah
“Under Article 163 of the Indian Constitution, The governor under normal circumstances has to act and say on the advice of the Council Of Ministers but can make independent decisions if exceptional circumstances prevail. The present case is one such exception”, the court said. Further, the high court stated that the Governor was right to use independent judgment in making the contested order, as long as the reasons were recorded in the official files. These reasons should be part of the order. However, the court cautioned that the reasons must be documented in the files and cannot be introduced later as objections in court.
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