HC notice to Pramod Madhwaraj, 22 MLAs for 'unconstitutional' oath

[email protected] (The Hindu)
September 28, 2013
Bangalore, Sep 28: The Karnataka High Court on Friday ordered issue of notices to 22 MLAs including Udupi MLA Pramod Madhwaraj and a Minister on petitions, which alleged that they had violated the mandatory procedure prescribed in the Constitution for taking oath as members of the Legislative Assembly and as Minister, respectively.
Pramod-Madhwaraj

The petitioners, city-based advocate Dharmapal Y. and RTI activist Jayaprakash Hiremath, alleged that the MLAs and Minister for Information Technology S.R. Patil took the oath in a “whimsical” manner, disregarding the Constitutional mandate.

They took oath in the names of a deity, saints, parents, farmers or voters of their constituency.

The petitioners have sought a direction from the court to oust them from office and declare that these MLAs and the Minister have usurped their office, performing functions without authority in law as they have “not taken oath or affirmation as mandated by the Constitution”.

It has been pointed out that the MLAs have clearly violated Article 188 of the Constitution, which states that a person elected to the Legislative Assembly or Council, shall, before taking his seat,…make and subscribe…an “oath or affirmation according to the form set out for the purpose in the Third Schedule [of the Constitution].

Similarly, Article 164(3) of the Constitution states that before a Minister enters upon his office, the Governor shall administer to him the “oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule”.

Petitioners' counsel A.S. Ponnanna pointed out that as the prescribed form set out in the Constitution states that they can either “swear in the name of God” or can “solemnly affirm”, the words substituted by these elected representatives resulted in “not taking oath or affirmation” of their offices, thus making them ineligible to function as MLAs and Minister.

It has been contended in the petition that such a violation attracts penalty as per Article 193 of the Constitution, which states that if a person sits or votes as a member of the Assembly or the Council before he takes oath as per Article 188, “he shall be liable, in respect of each day on which he sits or votes, to a penalty of Rs. 500 to be recovered as a debt due to the State”.

The 22 MLAs and their constituencies are: S.N. Narayanswamy (Bangarpet); S. Chikkamadu (H.D. Kote); D.N. Devaraj (Sringeri); H. Anjaneya (Holalkere); Chandrakanth Bellad (Hubli-Dharwad West); R.S. Doddamani (Shirahatti); Shashikala Jolley (Nippani); V.S. Kashappanavar (Hungund); N.H. Konaraddi (Navalgunda); K.B. Prasanna Kumar (Shimoga); Y. Ramakka (KGF); Y.N. Rudregowda (Belur); G.T. Devegowda (Chamundeshwari); M.T.B. Nagaraj (Hoskote); M.P. Appachhuranjan (Madikeri); P.M. Narendraswamy (Malavalli); Bheema Naik (Hagaribommanahalli); Chaluvarayaswamy (Nagamangala); Vinay Kulkarni (Dharwad); Akhanda Srinivasa Murthy (Pulakeshinagar) and A.B. Ramesh Bandisiddegowda (Srirangapatna).

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News Network
December 19,2025

Mangaluru: Public transport in Mangaluru is set for a state-led transformation as the government moves to deploy 100 new electric govt buses to replace unreliable private services. The initiative aims to provide a dependable alternative to private operators who have been frequently "cutting trips," leaving thousands of commuters stranded.

The announcement was made by Deputy Commissioner and MCC Administrator Darshan HV during a public phone-in session. The move specifically targets routes where private bus service has become erratic, ensuring that citizens no longer have to rely on a fluctuating private sector for their daily commute.

Restoring the Govt Presence

The transport crisis was brought to the forefront by Ramayya, a resident of Bajal, who highlighted a growing trend of private buses skipping morning and night trips. With the previous KSRTC (govt) services discontinued, residents have been left without a fallback option.

To fix this, the DC confirmed that the PM-eBus Sewa Scheme will bring 100 government-owned electric buses to the city:

•    Phased Deployment: The first 50 of the new 100 government buses are scheduled to arrive by March 2026.

•    State Infrastructure: Two new government depots, including one at Mudipu, are being prepared for operations.

•    Recruitment: The state has already begun training a new batch of government bus drivers to ensure the fleet is operational the moment it arrives.

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News Network
December 20,2025

Mangaluru, Dec 20: The Mangaluru City Police have issued a detailed traffic advisory ahead of the inaugural ceremony of Karavali Utsava, which will be held at the Karavali Utsava Ground on Saturday.

The festival will be inaugurated at 6:00 pm by Dakshina Kannada District Minister Dinesh Gundu Rao. Cultural and public programmes will be held at the venue every evening and will continue until January 2.

According to City Police Commissioner Sudheer Kumar Reddy, parking of vehicles is strictly prohibited on both sides of the road from Lalbagh to Karavali Utsava Ground. Visitors are requested to park their vehicles only at designated parking areas.

To help the public, traffic signboards and parking guidance flex boards have been installed along the routes leading to the venue. The police have urged commuters and visitors to follow these instructions to ensure smooth traffic movement.

Designated Parking Locations

•    Urwa Market Ground – Cars
•    Gandhinagar Government School (near Press Club) – Two-wheelers and cars
•    Ladyhill Church parking area – Two-wheelers and cars
•    Canara School Ground, Mannagudda – Two-wheelers and cars
•    Thimmappa Hotel premises – Two-wheelers and cars
•    Scout and Guide Bhavana premises (behind Karavali Utsava Grounds) – Two-wheelers
•    Urwa Market Road – Two-wheelers
•    Hat Hill Road – Two-wheelers

The police have appealed to the public to cooperate by following traffic rules and parking guidelines to avoid inconvenience during the festival.

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News Network
December 7,2025

Mangaluru, Dec 7: A 34-year-old fruit and vegetable trader in Mangaluru has reportedly lost ₹33.1 lakh after falling victim to an online investment scam run through a fake mobile app.

Police said the scam began in September, when the victim received a link on Facebook. Clicking it connected him to a WhatsApp number, where an unidentified person introduced a high-return investment scheme and instructed him to download an app.

To build trust, the fraudster asked him to invest ₹30,000 on September 24. The trader soon received ₹34,000 as “profit,” convincing him the scheme was genuine. Over the next two months, he transferred money in multiple instalments via Google Pay and IMPS to different scanner codes and bank accounts shared by the scammers. Between September 24 and December 3, he ended up sending a total of ₹33.1 lakh.

When he later requested a refund of his investment and promised returns, the scammers demanded additional payments, claiming he needed to pay a “service tax” first. Even after he paid a small amount, no money was returned, and the scammers continued pressuring him for more.

A case has been registered at the CEN Crime Police Station.

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