Pending bill payments: Don’t drive contractors to suicide, Karnataka HC tells govt
Bengaluru, Nov 29: Hearing a contempt of court petition on pending bills not being paid, the High Court of Karnataka observed that, according to the government’s own records, two contractors have committed suicide and this cannot go on.
“Your records say, it is on record, that two of the contractors have committed suicide. It is on record; your record. Look into that. Don’t drive the contractors to the corner,” the HC said.
The division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit were hearing a contempt petition filed by M/s Nikshep Infra Projects against the Bruhat Bengaluru Mahanagara Palike (BBMP) for not following an earlier order of the court to release payment for pending bills on works executed by the company.
In an earlier hearing, the BBMP had submitted that it was disbursing the due amount to various contractors as per "seniority" of the bills submitted.
The HC, citing its earlier interim order of October 30, 2023, said, “We are unable to understand this concept of BBMP for payment of bills," referring to the inordinate delay in payments for completed works.
The court further said, "In any welfare state, this cannot be a concept when there is no dispute with regard to the fact that a public body floated tender for certain work, successful bidder completes the work by following all the conditions of the work order and public body also admits that the work is duly completed but, still the successful bidder or the contractor is required to wait for the amount due and payable to him for an unreasonable time or has to run from pillar to post for his payment and ultimately.” The HC on Wednesday noted that there was no dispute about the contract.
"He was a successful bidder, completed the work and there was nothing on record to say that he had left the work midway and you had to call for another agency to complete the work. There is nothing of that sort. The case is very simple. After completing the work and considerable time, he approaches this court. You can’t say he has to wait," the court said.
“Is it your case that you don’t have money? Please answer. Why seniority?" the court questioned the BBMP counsel.
When the counsel cited some instances of fake bills, the HC said it was not because of the contractors.
"If you are really starting a clean-up operation, start it from your house. Let us know if any action is initiated against your officers. We have made it clear in our order and expected that some wisdom will prevail over the authority," the HC said.
When the BBMP counsel said that guidelines are being framed, the HC said this was its direction and cited its earlier order which said, “We expect and hope that the public bodies or the state undertakings or corporation body of the state henceforth consider the concern expressed by this court and try to avoid such situation, by issuing appropriate directions or framing guidelines." The hearing of the contempt petition was adjourned to December 13. Urban Development Department Secretary Ajay Nagabhushan MN, BBMP Commissioner Tushar Girinath, BBMP Chief Accounts Officer Vani, Malleshwaram Executive Engineer Jayashankar, and the State are the respondents in the petition.
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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.
