Date:12/05/2007 URL: http://www.thehindu.com/2007/05/12/stories/2007051220020300.htm

Karnataka - Bangalore

Lokayukta recommends sacking of two Ministers

Staff Reporter

It has to do with their failure to submit the assets and liabilities statements in time

The Lokayukta has made the recommendation to the Chief Minister

In his report, Mr. Hegde has relied on a High Court

BANGALORE: Lokayukta N. Santosh Hegde on Friday recommended the sacking of Ministers Alkod Y. Hanumanthappa and Sharanabasappa Darshanapur from the Cabinet for not filing the mandatory declaration of assets and liabilities in time.

Mr. Hegde has made the recommendation under Section 13 (1) of Karnataka Lokayukta Act to Chief Minister H.D. Kumaraswamy. In his report, Mr. Hegde has relied on a High Court ruling which states that failure to file declaration of assets and liabilities is tantamount to misconduct. The consequence of "misconduct", as per the court ruling, is removal from office.

On November 22, 2006, Mr. Hegde submitted to Governor T.N. Chaturvedi a report containing a list of 27 defaulting legislators, including the two Ministers, who had failed to file the declarations for 2004-05 despite providing several opportunities to do so. The Lokayukta had termed the failure as a case of misconduct and a report was sent to the Government for necessary action.

The Governor wrote back to him asking about the action that needed to be taken against the 27 legislators. At that point, the Lokayukta said no action need be taken.

The former Minister S.K. Kanta brought to Mr. Hegde's notice a complaint he had earlier filed seeking action against Mr. Hanumanthappa and Mr. Darshanapur. The Lokayukta said a letter had been sent to the Governor but inadvertently the two Ministers were identified merely as legislators.

Mr. Hegde then gave an opportunity to the two Ministers to submit their explanations on May 3. Advocates for Mr. Hanumanthappa and Mr. Darshanapur argued that the Lokayukta had the power to condone the delay in filing the declarations. They also contended that the earlier report of the Lokayukta had been sent to the Governor instead of the Chief Minister, who is the competent authority.

The Lokayukta heard the arguments and in the course of investigation into Mr. Kanta's complaint found the two Ministers to have not complied with Section 22 of Karnataka Lokayukta Act. Consequently, Mr. Hegde sent a report to the Chief Minister under Section 12 (3) of the Lokayukta Act with his recommendation under Section 13 (1) of the Act.