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The Karnataka High Court has delivered a significant ruling, upholding the Governor's sanction to prosecute Chief Minister Siddaramaiah in a corruption case related to the Mysore Urban Development Authority (MUDA). The court, presided over by Justice M Nagaprasanna, dismissed the plea filed by Siddaramaiah challenging the sanction granted to three individuals to file corruption cases against him. The allegations stem from land that the MUDA granted to Siddaramaiah's wife, Parvathi.
The court's decision highlights the critical role of the Governor in exceptional circumstances. While it acknowledged that under normal circumstances, the Governor acts on the advice of the Council of Ministers, it recognized the Governor's power to take independent decisions in exceptional cases. The present case was deemed an exception, justifying the Governor's independent action.
Furthermore, the court clarified that private complainants can seek sanction from the Governor, and it is not mandatory for a police officer to do so. This ruling strengthens the right of citizens to pursue legal action against government officials, even without involving police officials in the initial stages of seeking sanction.
The court's order emphasized the mandatory nature of the approval under Section 17A of the relevant legislation. It stated that the law does not require a police officer's involvement in seeking approval for private complaints filed under Sections 200 or 223 of the Bangalore Municipal Corporation Act, 1976. The court concluded that it is the responsibility of the complainants to seek such approval from the Governor.
Source: Karnataka High Court upholds Governor's sanction to prosecute CM Siddaramaiah in MUDA scam