HC completes hearing on CM’s petition challenging Guv’s prosecution nod, reserves orders

PTI, Sep 12, 2024, 8:42 PM IST

Bengaluru: The Karnataka High Court on Thursday completed its hearing on Chief Minister Siddaramaiah’s petition challenging the legality of Governor Thaawarchand Gehlot’s approval for his prosecution in the Mysuru Urban Development Authority (MUDA) case, and reserved its orders.

The court also extended its August 19 interim order directing the special court for people’s representatives that was slated to hear complaints against him in the case, to defer its proceedings till the disposal of the petition.

“Heard, reserved, interim order subsisting will continue till the disposal of the petition,” Justice M Nagaprasanna said after completing the hearing.

The Governor on August 16 accorded sanction under Section 17A of the Prevention of Corruption Act, 1988 and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the commission of the alleged offences as mentioned in the petitions of Pradeep Kumar S P, T J Abraham and Snehamayi Krishna.

On August 19, Siddaramaiah moved to the High Court challenging the legality of the Governor’s order.

In the petition, the Chief Minister submitted that the sanction order was issued without due application of mind, in violation of statutory mandates, and contrary to constitutional principles, including the advice of the Council of Ministers, which is binding under Article 163 of the Constitution of India.

Siddaramaiah sought quashing of the Governor’s order contending that his decision is legally unsustainable, procedurally flawed, and motivated by extraneous considerations.