In a jolt to Karnataka Chief Minister Siddaramaiah, Governor Thaawarchand Gehlot sanctioned his prosecution over corruption charges in the allotment of plots at Mysuru.
To discuss the next steps, a special cabinet meeting has been called on Saturday evening.
The sanction against Siddaramaiah could open the way for probing bodies to book him or courts to subpoena the Chief Minister. A governor-government face-off could also be on the cards.
The Governor's prosecution sanction is based on separate requests filed by activists Pradeep Kumar S P, T J Abraham, and Snehamayi Krishna under Section 17 of the Prevention of Corruption Act and Section 218 of the Bharatiya Nagarika Suraksha Sanhita.
Siddaramaiah's wife Paravathi was allegedly given expensive plots instead of her land on which a layout was formed. Questions were also raised on how she became the owner of land on which the Mysuru Urban Development Authority (MUDA) developed a layout.
Last month, Gehlot had issued a show-cause notice to Siddaramaiah as an antecedent to sanctioning his prosecution. Responding to it, the cabinet asked Gehlot to withdraw his show-cause notice on August 1 stating that it was full of legal errors. Siddaramaiah replied to the Governor on August 3.
The Governor was reportedly convinced that there is a case against the Karnataka Chief Minister, according to Deccan Herald.
"...there seems to be two versions in relation to the same set of facts and it is very necessary that a neutral, objective and non-partisan investigation should be conducted and further that (Governor) is prima facie satisfied that the allegations and the supporting materials disclose commission of offences," Gehlot mentioned in his prosecution sanction.
A one-man inquiry commission headed by retired High Court Justice PN Desai has been constituted by the Karnataka government, highlighted in the government's reply to the Governor's show-cause notice.
However, the Governor reportedly rejected the advice of the cabinet citing that any person against whom allegations have been leveled is not competent to order an investigation. The cabinet, also formed on the recommendation of the Chief Minister, would not be competent to advise in favour of the recommending person.
Gehlot said, "The Governor, based on the above, has deemed the advice of the Cabinet in the current instance to be irrational and biassed and cannot be treated as bona fide."
He further cited a Supreme Court order in the Madhya Pradesh Special Establishment vs State of Madhya Pradesh (2004) justifying his prosecution sanction.
Meanwhile, Siddaramaiah talked with some of his cabinet colleagues and legal advisor AS Ponnanna at his official residence Kaveri this morning. He is expected to challenge in court the Governor's sanction for prosecution.
