Election Commission Serves Notices on Reddy, Sriramulu

Bangalore, Jun 29 (DHNS): The office of the Chief Electoral Officer here on Monday served notices sent by the Central Election Commission to two ministers - G Janardhana Reddy and B Sriramulu on a complaint seeking their disqualification. Revenue Karunakara Reddy is yet to receive the notice. 

The staff of the commission served the notices at the offices of these two ministers in Vikas Soudha. The Ministers are required to submit their replies to the CEC on or before July 15.

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The notice dated June 23 and signed by Secretary K F Wilfred, stated that a question has been raised before the Governor of Karnataka in terms of Clause (1) of Article 192 of the Constitution of India filed by K C Kondaiah alleging that the ministers have become subject to the disqualification.

In the two-page notice, the Secretary said that under Clause (2) of Article 192 of the Constitution, the Governor has referred the question to the EC for its opinion. Before tendering its opinion to the Governor, the Commission proposed to inquire into the question, Wilfred said.

Copies of the notices have also been sent to the Secretary to the Governor and Kondaiah. 

The petitioner has alleged that the ministers hold offices of profit in mining companies that are benefited by the State Government in terms of licence to mine. The ministers should be disqualified for being chosen as member of the Legislative Assembly and Legislative Council as per the sections 191(1)(a) and 191(1)(b).
Both the ministers refused to admit that they accepted the notices. Janardhana Reddy told press persons that many in history including Rajiv Gandhi, Sonia Gandhi had received similar notices in the past.

Asked what would be his future course of action, he said, “Dharmo rakshati rakshitaha. We have been honest in our business and confident that our honesty will protect us”. Further, he said, “I have been repeatedly telling you (press persons) that many miracles have happened in our lives. This is also one”.

They can attend the session

The Reddy brothers and Sriramulu, on whom the Election Commission of India has slapped show cause notices, are free to attend and participate in the proceedings of the legislature session, secretariat sources said.

At the same time, if any members question the legality on the floor of the House on their participation in the proceedings, the Speaker can give ruling on the issue, the sources added.
Though there is no precedent of any member being disqualified on the office of profit issue in the Karnataka legislature, the sources pointed out that it was deemed understood that a minister cannot hold a post in which he has “personal, pecuniary, direct or indirect interest”.
In case there is conflict in interest, then it would obligatory on the part of the ministers to make a declaration.

The state legislature has amended the Prevention of Disqualification Act in 2006 for the exclusion of various offices from the purview of the office-of-profit clause. While these included posts like heads of boards and corporations and also educational institutions, it does not include the clause of “conflict of interest,” the sources added.