A K SUBBAIAH Vs. RAMAKRISHNA HEGDE

JUDGEMENT

(1.) This petition is filed by the petitioner inter alia seeking a writ or order or direction declaring that the 1st respondent-Ramakrishna Hegde, Chief Minister of Karnataka, has violated the oath of office taken under Article 164(3) of the Constitution of India and a further writ that the said 1st respondent-Chief Minister stands disqualified to continue in office as Chief Minister.

(2.) The substance or the material placed before the Court in support of the prayers aforementioned essentially rests on the findings recorded in the observations made in certain Judgments of this Court and the Supreme Court. It is contended that the 1st respondent-Chief Minister of Karnataka by showing favouritism, allotted or approved the allotment of bottling of arrack contract to a select few in whom he was interested and therefore he acted in order to favour such persons thereby committing breach of oath of office under Article 164(3) of the Constitution. The breach of course is dependent on the language of the oath administered by the Governor in accordance with item V in the III Schedule to the Constitution of India.

(3.) In Rudraiah Raju's case, ILR1986 KAR 587 a Division Bench of this Court set aside the contract for bottling of arrack granted to some of the respondents therein on more than one ground which it has recorded. That in so far as the specific allegation concerning the mala fides of the Chief Minister in the award of contract was concerned, those allegations were withdrawn and regret expressed by the Counsel appearing for some of the petitioners who had made specific allegation against the Chief Minister and therefore the Court did not find it necessary to go into those allegations.