Siddaramaiah Fights It Out

Court says that the Governor can take independent action

Update: 2024-09-26 04:18 GMT

Karnataka Chief Minister Siddaramaiah, finds himself on the backfoot after the Karnataka High Court upheld state Governor, Tawarchand Gehlot ‘s sanction for a probe against him in connection with an alleged land scam, involving his family.

The HC’s September 24 decision assumes importance as it comes as a major challenge to the over 15-month-old Siddaramaiah-led Congress government in the state. Siddaramaiah’s own reputation as a seemingly clean politician has come under the scanner too.

The court’s ruling also puts the Congress high command in an embarrassing situation considering that it has been backing Siddaramaiah to the hilt. More so, by upholding the Governor’s decision for investigating the CM, the verdict has now forced the party’s central leadership to take a determined call on the situation in the state.

This, notwithstanding its assertions that the Bharatiya Janata Party-Janata Dal-Secular (BJP-JD-S)Opposition combine has been trying to unsettle the ruling party in the state, even trying to woo its members to defect.

Significantly, the Governor’s approval for a probe followed complaints by activists against the CM in the alleged Mysuru Urban Development Authority (MUDA) land scam. Predictably, Siddarmaiah had approached the court, contesting the Governor’s stand.

Justice M. Nagaprasanna, the single judge bench of the High Court, observed that the complainants were justified in seeking the governor’s approval for sanction under Section 17 A of the Prevention of Corruption Act .The court also reiterated that the governor could take independent action in this regard.

Siddaramaiah has been facing the heat after the BJP-JD-S alliance and a few activists charged that the CM and his wife, Parvathi, had benefited from what they termed as an illegal allotment of land to them by MUDA. Subsequently, the Governor gave the sanction for a probe into the matter.

Even as the Congress in general, and Siddaramaiah in particular, contested the charges, the allegations inevitably dented the ruling party’s image, considering that it rode to power in 2023 ,promising a “corruption free government.”

Not surprisingly, the Congress did not waste time in backing Siddaramaiah, evident from the decision of the state Cabinet on August 1, which argued that “the Governor should have acted only on the aid and advice of the council of ministers” and not exercised his discretion.

Siddaramaiah’s council of ministers also claimed that “while issuing the show cause notice to the CM on July 26, the Governor had failed to consider the material on record “and the alleged antecedents of some complainants”.

Accordingly, it advised the Governor to withdraw the show cause notice to Siddarmaiah, especially as the CM himself was not present in the cabinet meeting and ,instead, had nominated Deputy Chief Minister, D. K. Shivakumar, to preside over it.

The court, however, maintained that the possibility of the council of ministers which was appointed by the CM, going against him, could not be contemplated, while adding that the governor had taken the decision as “an independent discretion was imperative”. Accordingly, the governor’s order was not “bald, laconic or cryptic as is alleged.”

Meanwhile, a beleaguered Siddaramaiah continues to put up a bold face, arguing that he was ready for a probe. He is expected to challenge the court verdict while appealing before the Division Bench and the Supreme Court as he waits for the order of the Special Court for People’s Representatives. This court is expected to decide the agency that should investigate the MUDA case.

Admittedly, publicly, the CM has remained aggressive, dismissing the Opposition’s calls for his resignation, and post the court order for an investigation into the alleged land scam involving his family.

Witness, therefore, his assertions, immediately after the verdict. According to him, even though the court had favoured a probe against him, he would not resign as he had not done anything wrong.

At the same time, he wondered why people had not sought the resignation of H. D.Kumaraswamy, former CM and present Union Minister for Heavy Industries, who had got bail in connection with an alleged illegal mining case.

He also took a jibe at the BJP leaders who have been claiming that former CM B. S. Yeddyurappa, had resigned after the then Governor, Hansraj Bhardawaj, had sanctioned his prosecution in 2011 in the Rachenahalli denotification scam.

The then CM was forced to resign following his indictment by the then Lokayukta Santosh Hegde. “To that extent, there was a major difference between Yeddyurappa and his case”, he said.

These arguments apart, the fact remains that the current situation has created more problems for the CM and the ruling party because their reputation is at stake.

Besides, there are several aspirants for the CM’s chair and none of them is shy of claiming the chair, with Deputy CM, D. K. Shivakumar, leading the race, notwithstanding his public support to Siddaramaiah.

Yet, a section of Congress leaders here claim in private, that the party’s Central leadership would not be averse to requesting Siddaramaiah to step down for a while, at least till he gets a reprieve from the apex court or the HC order is stayed.

Their argument is simple. The Congress would love to turn its current disadvantage into a positive one by seeking to bolster its image as a party which stands for a corruption free government. Even if unthinkable, a section of the party’s insiders argue that the move could bring in rich dividends at a time when assembly polls in Haryana and Maharashtra are around the corner.

Meanwhile, Siddaramaiah is not taking any chances. He is determined to fight it out through the courts and his supporters from the backward and minority sections, more so as the number of contenders for his chair is fairly large.

This also explains reports that the OBCs, minority and related sections have already chalked out plans for conducting rallies across the state in support of Siddaramaiah, to send the required message to the Congress leaders. Clearly, the CM is ready to fight on all fronts even though for now he is on a sticky wicket.

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