Karnataka HC Reserves Judgment on CM Siddaramaiah’s Challenge Against Governor’s Prosecution Approval

The Karnataka High Court on Thursday concluded hearings on a petition by Chief Minister Siddaramaiah, which contests the validity of Governor Thaawarchand Gehlot’s decision to sanction his prosecution in the Mysuru Urban Development Authority (MUDA) case. The court has reserved its orders, continuing the interim directive that halts the special court proceedings against the Chief Minister until a final decision is made.

Justice M Nagaprasanna, overseeing the case, stated, “Heard, reserved, interim order subsisting will continue till the disposal of the petition.” This statement came after intense deliberations on the legal and constitutional merits of the Governor’s sanction, issued on August 16 under specific sections of the Prevention of Corruption Act, 1988, and the Bharatiya Nagarik Suraksha Sanhita, 2023.

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The controversy began when the Governor approved the prosecution based on allegations in petitions filed by individuals including Pradeep Kumar S P, T J Abraham, and Snehamayi Krishna. This approval spurred Siddaramaiah to approach the High Court on August 19, challenging the Governor’s order as lacking proper consideration, violating statutory requirements, and contradicting constitutional principles.

In his petition, Siddaramaiah argued that the Governor’s sanction was not only procedurally flawed but also driven by extraneous factors, making it legally untenable. He further asserted that the decision disregarded the advice of the Council of Ministers, which is binding under Article 163 of the Indian Constitution.

The case has attracted significant attention, highlighting the tensions between state governance and the oversight role of the Governor.

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