Governor rejected Lokayukta recommendation against MLA

Governor Vajubhai Vala has rejected the recommendation sent by the Lokayukta Justice Y Bhaskar Rao declaring that Bharatiya Janata Party (BJP) MLA from Bangalore South, M Krishnappa, should not continue in his post, it has emerged.

The Lokayukta had sent the recommendation to the governor on October 7 after finding ‘satisfactory’ evidence that Krishnappa, a second-time MLA, had got land illegally denotified in Uttarahalli and made personal gain. The governor communicated to the Lokayukta office on November 6 rejecting the recommendation on the grounds that the offence had allegedly happened during Krishnappa’s previous tenure as MLA.

Sources in the Lokayukta said though the offence against Krishnappa was prima facie proved, as per the report sent to the government under Section 12 (3) of the Karnataka Lokayukta Act, the Lokayukta closed the case based on the governor’s letter.

The Enquiry Officer, Additional Registrar of Lokayukta, had communicated the closure of the case to Krishnappa stating, “The complaint of Nagalakshmi Bai against M Krishnappa, MLA, Bangalore South constituency, stands closed, and a copy of the order passed by His Excellency, the Governor of Karnataka, dated November 6, is sent herewith for reference.”

Sources said that in his letter to the Lokayukta, the governor had rejected the recommendation stating that the offence had taken place during Krishnappa’s previous term as MLA.

A senior Lokayukta official said the report against the MLA was sent to the governor when there was no action from the government (competent authority) on the 12 (3) report sent on August 7.

The Lokayukta report under 12 (3) is issued only when the Lokayukta is satisfied that the allegations are substantiated either wholly or partly. Even in Krishnappa’s case, the findings of the enquiry were sent along with recommendations with relevant documents, materials and other evidence to the competent authority.

A former Lokayukta told Deccan Herald that the only option before the Lokayukta office now was to file a writ petition before the High Court. “There is no scope for review on the governor’s decision on the declaration recommended by the Lokayukta. If the Lokayukta has submitted a report to the competent authority, the State government, as per Section 12 (3) of the Lokayukta Act, it is assumed that he is fully satisfied that the allegations against the public servant is substantiated. However, when the governor rejects the report, either fully or partly, there is no review whatsoever,” he said.

Krishnappa was accused of illegal denotification of 36 guntas of land in Survey No 103/1 and 39 guntas in Survey No 103/2 of Uttarahalli village. After the denotification, Krishnappa allegedly entered into a joint development agreement with a firm, Rainbow Properties, owned by his daughter Reshma Supreeth and son-in-law Supreeth Suresh, in October 2009. A multi-storey residential building was built on the same land.
DH News Service