AKHILA KARNATAKA POLICE Vs. B S YEDIYURAPPA

JUDGEMENT

(1.) THE petitioner is a society registered under the provisions of the Karnataka Societies Registration Act, 1960. The petitioner has filed the above public interest litigation bringing to the notice of this Court that the Bharatiya Janata Party Government led by the 1st respondent herein viz. , B. S. Yediyurappa, Hon'ble Chief Minister of karnataka during the election campaign promising to provide a corruption free, clean governance. But unfortunately, according to the petitioner, 18 of the legislators have criminal records and on that ground the petitioner seeks a writ of mandamus to scrutinise the reply of the respondents and take cognisance thereof to direct CBI inquiry into the allegations against the respondents Nos. 5 to 22. They have further sought for a direction to the 2nd respondent-State Election Commission to place before this Hon'ble court the affidavits of the respondents Nos. 5 to 22 filed by them at the time of filing of their nominations for contesting the elections for Karnataka state Legislative Assembly held in May 2008. They have also prayed for a direction to the 3rd respondent to secure and place before this Hon'ble court the records of the pending criminal cases against the respondents Nos. 5 to 22.

(2.) THE petitioner while seeking the above reliefs strongly placed reliance on the decision of the Apex Court in the case of Secretary, Minor irrigation and Rural Engineering Services Vs. Sahrgoo Ram Arya, reported in (2002) 5 SCC 521. But in the said case, the Apex Court has in clear terms demarcated the power of the High Court under Article 226 of the constitution of India, while referring any matters for the enquiry by the cbi as hereunder:

(3.) WE therefore, without any slightest doubt, hold that it may not be appropriate for this Court to grant the relief as prayed for as no material is placed before us for our pirma facie satisfaction to refer the matter to the CBI.