Auction lost in one second; K'taka HC says it is not an expert to decide
Bengaluru, Apr 1: The High Court of Karnataka has rejected a petition which sought to address a dispute with regard to technical issue in an auction process saying courts were not experts on such issues.
The petitioner had lost an auction though it was the highest bidder just one second before the expiry of the e-auction.
The HC, however, said, "Complicated nuances of conduct of an electronic auction is sought to be projected by the petitioner, which this Court admittedly does not have such expertise to decipher and assess threadbare. Going by what the documents are produced as certificates by the competent authorities with regard to the conduct of auction, the petition does not merit any indulgence at the hands of this Court and would necessarily meet its dismissal." New Horizon Educational and Cultural Trust and KLSR Infratech Limited were both bidders at an auction conducted by The Federal Bank and The South Indian Bank of a property.
The owners of the property had secured loan, which they were unable to repay and as per the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act, the property was put up for auction to recover the Rs 51 crore dues.
The auction took place on February 2, 2023. New Horizon Educational Trust approached the HC with the plea that its bid has not been accepted.
The Trust had bid Rs 52 crore at 3.45 PM and this was the highest bid till the last one second before the closure of the bids.
However, five minutes later the bid of KLSR Infratech at Rs 52.10 crore was accepted which it alleged was arbitrary.
The advocate for the Trust contended that "if the auction was to end in one second, the ninth respondent could not have become the successful bidder at 15:57 hours." KSLR Infratech. however, contended before the HC that "what the petitioner alleges is only a figment of imagination and, therefore, would contend that this Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India would not interfere in the auction where there is neither accessed it and submitted its bid up to 15:54 hours and it is then he alleges there was a technical glitch. This cannot be accepted and the e-auction cannot be interfered with for the technical difficulties of the petitioner."
The Court said the arbitrariness is not palpable or demonstrable in this case. Further, Justice M Nagaprasanna in his judgment said that this issue was a private one where the Court had no part to play.
"What becomes germane to be noticed is who are the protagonists in this list. The petitioner a private bidder; ninth respondent another private bidder; respondents one and two private banks, all of whom are twined in an auction of private bidding. I fail to understand what is the public function that is involved in the case at hand for this Court to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India," the Court said rejecting the petition.
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Become CM after winning next Assembly polls: Minister KN Rajanna to DK Shivakumar
Bengaluru, Jan 10: Karnataka Minister K N Rajanna on Friday suggested Deputy Chief Minister D K Shivakumar to become Chief Minister of the state for the full five years, after winning the next Assembly polls under his leadership, rather than eyeing the post during the remaining two-and-half years of the current government's tenure.
His comments came following Chief Minister Siddaramaiah's recent dinner with select Dalit and ST Cabinet colleagues, creating a buzz within the Congress, amid speculation about a possible change of guard in the state after March, under a "rotational chief minister" or "power-sharing" formula.
Cooperation Minister Rajanna, who is considered to be a confidant of Siddaramaiah, was also part of the dinner meeting.
Shivakumar has made no secret of his ambition to become the CM.
"As a human being, the desire for power is natural. I don't feel that him (Shivakumar) showing interest or desire for the Chief Minister post is wrong. Previous (2023) election was under the leadership of Siddaramaiah and Shivakumar, and people blessed us (Congress)," Rajanna said.
Speaking to reporters here, he said, the high command has appointed the legislature party leader, who is the CM, and they have the powers to change the leader in the future if they want, and everyone will accept whatever decision they make.
"Let's go for the next Assembly polls under Shivakumar's leadership, and with the party coming to power once again under his leadership, let him be the chief minister for the full five years, why fight for two-and-half years now?"
Rajanna said, "I'm not saying don't fight for two-and-half years. My suggestion for him is why fight to be CM for two-and-half years, become CM for a full five years. Who will object..."
Asked if he will be minister in Shivakumar's cabinet if there is a chance, Rajanna said, he won't contest elections anymore, and also don't expect to become minister in anyone's cabinet.
There was stiff competition between Siddaramaiah and Shivakumar for the CM's post after the declaration of Assembly election results in May 2023, and the Congress had managed to convince the latter and made him the Deputy Chief Minister.
There were some reports at the time that a compromise had been reached based on a "rotational chief minister formula," according to which Shivakumar will become CM after two-and-half years, but they have not been officially confirmed by the party.
A meeting of Congress leaders, ministers, and lawmakers from SC/ST communities, scheduled for Wednesday evening under the leadership of Home Minister G Parameshwara and supported by Rajanna, had to be postponed following instructions from AICC general secretary in-charge of the state, Randeep Singh Surjewala.
According to sources, the decision to postpone the meeting came after Shivakumar, a chief ministerial aspirant, met AICC general secretary (Organisation) K C Venugopal in New Delhi on Monday night to discuss party developments.
A section within the Congress feels that the SC/ST convention and Parameshwara's dinner meeting could revive the demand for a Dalit or AHINDA (a Kannada acronym for minorities, backward classes, and Dalits) leader to become the next chief minister. This could complicate Shivakumar's prospects if Siddaramaiah steps down after the state budget, as speculated.
Rajanna had in the past demanded the party to enforce the 'one person, one post' policy, which was seen as a move to mount pressure on Shivakumar, who is also the state Congress chief.
He had also batted for three more Deputy Chief Ministers -- from Veerashaiva-Lingayat, SC/ST and minority communities -- along with Shivakumar a Vokkaliga.
Reacting to union minister and JD(S) leader H D Kumaraswamy's 60 per cent commission charge against the Congress government, Rajanna said, "Ask Kumaraswamy how much is his percentage and let's say what is the difference later. Is Kumaraswamy a Satya Harishchandra?"
Claiming that 90 per cent of political leaders in this country are corrupt, he said, "How much would we spend during elections? Where does that money come from? Do we spend by selling our assets? Don't we borrow from someone for it? Does the person who lends money, lends just like that? If we speak the truth before the media, it will become an issue. The situation is such that the truth cannot not be spoken."
