Legal experts being consulted on filing appeal against court orders, says CM's advisor AS Ponnanna
Bengaluru, Sep 26: Consultations are on with senior counsel and experts on filing an appeal in the wake of court orders upholding Governor's sanction for investigation against Chief Minister Siddaramaiah in the Mysuru Urban Development Authority (MUDA) site allotment case and ordering of a Lokayukta police probe against him, a key legal advisor said on Thursday.
A Special Court here on Wednesday ordered a Lokayukta police probe against Siddaramaiah in the MUDA case, setting the stage for registering an FIR against him.
The order of the Special Court Judge, Santhosh Gajanan Bhat, came a day after a single judge bench of the High Court upheld the sanction granted by the Governor Thaawarchand Gehlot to conduct an investigation against Siddaramaiah on the allegations of illegalities in the allotment of 14 sites to his wife B M Parvathi by MUDA.
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"We have been saying since the beginning, let there be any inquiry or investigation, we have no objection to it. But, certain lapses that have happened legally, it needs to be rectified, it is our duty,", Congress MLA, senior advocate and the CM's legal advisor A S Ponnanna told reporters here.
"So, appeal has to be filed, where and when, and what action should be taken regarding MP/MLA (Special) Court , all these things we are verifying," Ponnanna said, when asked about the possibility of appealing to the divisional bench of the High Court or to the Supreme Court.
"Discussions are on with advocates and senior counsel. Our advocate in Delhi, who argued in the case (Abhishek Manu Singhvi), we will try to seek his advice, and thereafter in a couple of days, we will make our stand clear," he said.
Referring to the High Court verdict, Ponnanna said: "Our argument was that there was no application of mind on part of the Governor. This legal principle called application of mind is not only restricted to the Governor, but it is also applicable to the Court."
The Special Court exclusively to deal with criminal cases related to former and elected MPs/MLAs on Wednesday issued the order directing the Lokayukta police in Mysuru to initiate an investigation against Siddaramaiah on the complaint filed by RTI activist Snehamayi Krishna.
Ponnanna termed the case against the CM as "entirely politically motivated." "Let there be any investigation or inquiry, truth cannot be hidden."
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
